AN Australian lawyer has issued a private prosecution against condemned drug trafficker Van Tuong Nguyen in a last-ditch bid to prevent his execution in Singapore tomorrow.
Melbourne lawyer Brian Walters SC said the charges could allow the Federal Government to seek Nguyen's extradition from Singapore to Australia.
Mr Walters has charged Nguyen with two counts of conspiring to import heroin and one count of conspiring to traffic heroin.
A summons issued for Nguyen requires him to attend Melbourne Magistrates Court on February 2 next year.
Mr Walters has sent a copy of the charges and summons to Justice Minister Chris Ellison.
"The Federal Government has said that Van Nguyen could not be extradited because he could not be charged. That is not the case," Mr Walters said.
"Van Nguyen has been charged, Minister Ellison has been advised and the Government must act now to get a stay on the execution while extradition proceedings can begin."
The Federation of Community Legal Centres executive director, Pauline Spencer, said a private prosecution was rarely used but was a mechanism available to any member of the public.
"They are just issued at the counter. They are filed as documents, nothing is proven and there is no prima facie case," Ms Spencer told AAP.
"The Government has been saying that without charges an extradition cannot happen.
"Now this has been delivered to the Justice Minister Chris Ellison he can move to seek extradition."
Mr Walters said there was enough time for extradition proceedings to be started and therefore to stay Nguyen's execution tomorrow.
He called on Senator Ellison to act quickly.
"There is enough time, whether or not people are going to move quickly is another matter, but there is enough time," he said.
Mr Walters said Nguyen could be extradited because he was not serving a custodial sentence, just waiting for a death sentence to be carried out.
"The provisions of the extradition act permit his extradition now," he said.
Mr Walters said he expected the Victorian or Commonwealth Department of Public Prosecutions to take over the matter if it proceeded.
