The United States sought the extradition of the respondent for child luring offences.
The respondent successfully applied for a stay of the extradition proceedings, arguing that the failure of domestic police and Crown to disclose communications with US authorities during his prior domestic prosecution constituted an abuse of process.
The Court of Appeal allowed the appeal and set aside the stay, holding that the extradition judge exceeded his jurisdiction.
The alleged misconduct lacked a sufficient nexus to the committal hearing, and the concerns raised fell within the exclusive purview of the Minister of Justice at the surrender stage.
