Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

The circumstances surrounding the charges against Mr Moti go back some time. In fact, the Vanuatuan authorities were dealing with this issue over a period of some years. As has been placed on the record by me, it was dealt with in Vanuatu and it never went to trial. It was a situation where the charges were dismissed. As I understand it, the appellate court referred it back to the magistrate, who dismissed the charges. There was then some inquiry regarding the circumstances surrounding the issue. Vanuatu requested assistance from Australia. There was some ongoing communication, if I can put it that way, between Vanuatu and Australia. The Vanuatuan authorities then decided that they would pursue the matter no further. That all took some time. It was only at the beginning of last year that we reached a point where the Australian Federal Police were able to take over the matter and embark upon their own investigation, which they did.

I advise the Senate that, in these circumstances—where you have an Australian citizen who is charged with offences overseas—the practice is to allow that jurisdiction to deal with the person first and await the outcome of that process. At the conclusion of that process, Australia then looks to take its own action if required. In this case, that is precisely what happened. The AFP then investigated the matter over the course of last year. A brief was sent to the Commonwealth Director of Public Prosecutions, who looked at it and confirmed that there was a case that should be prosecuted, that charges should be laid and that this would form the proper basis of a request for Mr Moti’s extradition.

Mr Moti is an Australian citizen and he has been in and out of Australia over a period of time. I do not have the dates, but I can get back to the Senate in relation to that. What I can say is that the Australian Federal Police could hardly be expected to arrest someone whilst they are still investigating a matter. They have to go through the process of evaluating the matter and then there is an investigation process and referral to the CDPP. The CDPP then confirms the brief and says it is appropriate to lay charges. Charges are then laid and extradition is sought. That is a process which in itself can take some time.

I will get further detail in relation to the timing of Mr Moti’s visits to Australia, but there is nothing in the fact that Mr Moti may well have been visiting Australia in that time because, in the first instance, he was being dealt with by the Vanuatuan authorities—which we leave with them—and then, when the AFP took over the matter, there was an investigation which was ongoing over a period of time. I believe we reached a point this year where we were able to seek his extradition, but we then had to establish his whereabouts. He was previously in India. We made a request to the Indian authorities. He left India. We understand that he was attempting to return to the Solomon Islands and transited Papua New Guinea. We then had to put in place the arrangements to seek his arrest there, which we did. Of course, he was arrested in Papua New Guinea and now he has fled to the Solomon Islands, where he is in custody. (Time expired)