Court extradites two Thais to face murder trial in Australia
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The suspects to appeal the order
The Criminal Court Wednesday ordered the extradition of two Thai men to face a murder trial in an Australian court.
The court issued an order for the authorities to extradite Sarat Sihaweerachart, 28, and Thatiya Therdphumtham, 26, to Burnswick, Victoria, Australia, within 90 days.
The two are wanted under an arrest warrant issued by an Australian court for allegedly collaborating in the murder of Luke Mitchell in 2009.
The arrest warrant states that the two men and Thepparat Thepsut, who is still on the run, stabbed Mitchell several times on May 24, 2009 at a spot on the Sydney Road in Burnswick. The Australian man died on his way to the hospital.
The Australian government cited the 1916 extradition treaty between Thailand the UK government to ask Thailand to extradite the two suspects.
The Australian government also promised to extradite other suspects to Thailand in return.
Lawyers for the two suspects fought the extradition request, saying Thailand has no extradition treaty with Australia and Australia is not part of the UK so it could not cite the Thai-UK treaty to seek the extradition.
The suspects also raised concern that Australians held racial feelings towards Asians so they might not receive a fair trial in an Australian court.
But the Criminal Court ruled that although Thailand and Australia had no extradition treaty, Australia used to be a part of the UK so the Thai-UK treaty could be applied. The Criminal Court noted that the Australian government also promised to extradite other suspects to Thailand in return so the two countries did not need to have a formal extradition agreement.
The Criminal Court said the Australian court system is reliable and fair so the two Thai suspects should receive a fair trial. The Criminal Court also stated that Australia has no capital punishment.
Sarat said he would appeal against the extradition order.
