- READ MORE: Diplomatic update on man accused of pouring coffee on a baby
There are growing fears that the man who allegedly threw hot coffee on an innocent baby in a park will never face justice.
Nine-month-old Luka suffered horrific burns when boiling hot coffee was poured over him by a stranger during a picnic in Brisbane‘s Hanlon Park on August 27, 2024.
The man allegedly responsible later fled the country and returned to China, where he is protected from extradition back to Australia under Chinese law.
Almost one year on, little Luka is still undergoing regular surgery for the scars as his second birthday looms.
Australian authorities have urged China to return the man for prosecution, but the requests have been consistently denied.
Former Australian Federal Police officer Dr David Craig renewed calls for China to cooperate and ensure the man doesn’t walk away scot-free.
‘The problem is how seriously China is going to take it,’ he told Sunrise on Monday.
‘China can actually agree to extradite one of its citizens back to Australia. However, it has a mechanism where it can refuse to do so and that’s what it’s using.’
It’s been almost a year since baby Luka had hot coffee poured on him by a stranger
Luka’s alleged attacker has since fled to China and is yet to face justice over the alleged attack
Dr Smith believes the best outcome for baby Luka and his parents would be for the man to be prosecuted under domestic law in China.
‘There are comparable laws, and China should be able to do that,’ he said.
‘If I was a Chinese-Australian I would be embarrassed by this – that the Chinese government seems to think it’s acceptable for a person to throw hot water on a baby, flee the country, and not face any justice.’
He pointed out that the person would be able to be prosecuted in Australia had it happened in China.
‘That should happen over there in China,’ he continued.
‘We have a criminal prima facie case against this person for a horrible assault causing permanent damage on an Australian citizen.
‘The Chinese government can prosecute him under domestic law in China.’
He added that Aussies have a right to be concerned that the man faces the consequences.
Luka and his mum following the horrific hot coffee attack
‘It’s not the sort of justice we accept. And I would hope that the Chinese government would feel some embarrassment, or some need, to actually see justice is served,’ Dr Smith said.
An ‘acceptable’ alternative would be for Beijing authorities to prosecute this person in China.
‘That way they’re not causing any diplomatic issues,’ Dr Smith said.
‘There are comparable laws in China for assaulting minors, which is what this person allegedly did. So, prosecuting him in China would be a satisfactory outcome.’
‘To have no outcome is not acceptable.’
It comes after former NSW detective Professor Michael Kennedy warned that there was little Queensland police could do to have the man accused of burning Luka returned to Australia.
‘All the Queensland police can do in reality is take out an arrest warrant for this bloke, put him on the watch list for the airport and wait for him to come back,’ he told the Daily Mail on Sunday.
Baby Luka still requires regular surgery on his horrific burns
‘The reality is the guy’s gone back to China and China isn’t going to send him back here under any circumstances because they just don’t do that.
‘So all they can do in Queensland is put a brief together, put it in a file, take out a first instance warrant for the bloke so that if he comes back he’ll be arrested, which he won’t.’
