Cow Bay man sues over road

Port Douglas & Mossman Gazette - - FRONT PAGE - Me­lanie Petrinec

A MAN who is su­ing Cairns Re­gional Coun­cil for al­most $900,000 over a road crash near the Dain­tree River is fac­ing ex­tra­di­tion to his na­tive Poland on un­re­lated danger­ous driv­ing charges more than 20 years af­ter the fact.

Bog­dan Kaz­imierz Odrobin­ski was re­manded in cus­tody ear­lier this month af­ter ap­pear­ing in the Cairns Mag­is­trates’ Court, where he told his lawyer he was shocked at the turn of events.

In a sep­a­rate case, the Cow Bay man launched le­gal ac­tion against Cairns Re­gional Coun­cil in May last year seek­ing al­most $900,000 in com­pen­sa­tion af­ter he was in­volved in a car crash on the Cape Tribu­la­tion Rd, which he al­leged had not been main­tained prop­erly.

De­fence so­lic­i­tor Paul Richard­son, who was act­ing for Mr Odrobin­ski as a friend of the court, said the man was not able to demon­strate the spe­cial cir­cum­stances re­quired to be granted bail while await­ing ex­tra­di­tion pro­ceed­ings.

Mr Richard­son said he had held talks with Le­gal Aid and Mr Odrobin­ski would ap­ply for the agency to take over the case.

‘‘They are . . . try­ing to find some­one who has more ex­per­tise in this area of law,’’ Mr Richard­son said. The al­le­ga­tions in Poland are the equiv­a­lent of a danger­ous op­er­a­tion of a mo­tor ve­hi­cle charge in Queens­land. The al­leged in­ci­dent oc­curred in 1992. Aus­tralia has an ex­tra­di­tion treaty with Poland and must co-op­er­ate if the of­fence war­rants more than one year im­pris­on­ment.

A lawyer rep­re­sented Aus­tralia’s At­tor­ney- Gen­eral, Pol­ish au­thor­i­ties and the Com­mon­wealth Depart­ment of Pub­lic Pros­e­cu­tions via tele­phone at court pro­ceed­ings. The case was ad­journed to Septem­ber 23. Mr Odrobin­ski’s case against the coun­cil is still be­fore the Cairns Supreme Court and doc­u­ments were filed on his be­half in May.

He is seek­ing $891,914 for phys­i­cal and men­tal in­juries af­ter crash­ing his car in wet con­di­tions about 11pm on May 14, 2008, af­ter which he was trapped in­side the ve­hi­cle with wa­ter flow­ing through for seven hours.

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