The Court issued a certificate under s 39A of the Mutual Assistance in Criminal Matters Act 1987 (Cth), holding that the fundamental consideration is whether the certificate is in the interests of justice, and that the likelihood of the foreign country granting the request is an important but not determinative factor. Evidence of a foreign state's expressed willingness to cooperate — here, a diplomatic note from the Sudanese Embassy indicating readiness to engage — may support the issuance of a certificate notwithstanding practical uncertainties arising from armed conflict, civil unrest, or the absence of a formal mutual assistance treaty or guarantee of reciprocity. The Court left the precise terms of the certificate to be settled after further submissions from the parties.
The full text is available to signed-in members.