An interesting can of worms is opening in Queensland.
American tourist Gabe Watson is nearing completion of an eighteen month prison sentence for the manslaughter of his wife Tina. He was here on a tourist visa, and on his release he would normally be deported back to the US of A.
The problem is that his home state of Alabama wants to charge him with murder - and Alabama still has the death penalty on it's books for murder trials.
Australia says that - under it's international obligations - it can not deport a person to a country where that person may face the death penalty. So - what happens to Gabe Watson ?
It looks like Australia could be stuck with him. He can probably legitimately claim asylum because of the threat of the death penalty, in which case we will have no option other than to grant him permanent residency.
It also raises a few other interesting questions. Are we not interfering in the justice system of another country if we try and impose our views on crime and punishment on them - by denying them access to one of their citizens ?
Could we not deport this character to a US state that does not have the death penalty ?
In that way we wash our hands of the matter - and leave the legal fight to be determined by the higher courts of America !
Or does Gabe Watson end up behind the razor wire at one of our detention centres while our courts try to unscramble his right to remain here as an asylum seeker - all at the expense of the Australian taxpayer ?
Another can of worms that we could well do without !
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