War crimes accused appeals extradition

An Australian citizen accused of war crimes would be punished for his political
views if he were sent to Croatia to face trial, the High Court has heard.
Belgrade-born Daniel Snedden, 55, also known as Dragan Vasiljkovic, is appealing
against an extradition request from Croatia.
His military service with the Krajina Serbs in the early to mid-1990s, against
Croatian forces, would lead to him being punished for his political views, his legal
team argues.
Counsel for the respondent, Bret Walker, SC, told the full bench of the High Court
of Australia on Monday it would be wrong to allow Mr Snedden's extradition on the
grounds a Croatian court would not consider as a mitigating factor his military
service with the Serbs.
This would be an affront to the Australian legal system, which considers war service
a mitigating factor.
"For decades, war service ... very properly has been a mitigating factor in
sentencing, both trivial and serious," Mr Walker told the court.
But counsel for the appellant, representing Croatia, Melissa Perry QC, said a
Croatian court would look at what motivated Mr Snedden in deciding whether he had
committed war crimes.
Asked from the bench if political beliefs were considered a mitigating factor, Ms
Perry replied there was no evidence to suggest it would be applied in that way.
A local court magistrate determined in April 2007 that Mr Snedden was eligible for
surrender to Croatia.
He challenged that ruling, only for the Federal Court in February 2009 to uphold the
earlier decision.
Mr Snedden has taken his appeal to the High Court of Australia, arguing he would be
punished, detained or restricted in his personal liberty because of his political
opinions.
He moved to Australia with his parents as a child, but returned to Serbia in 1991 as
a paramilitary commander.
The accusations against him include killing Croatian civilians and instructing
others to commit murder during his time in Srpska Krajina, a Serbian-dominated part
of Croatia, until 1995 - crimes he has denied.
In September 2009, a full bench of the Federal Court allowed Mr Snedden to appeal
the extradition order, resulting in his being released from Sydney's Parklea prison
after more than three years in custody.
The full bench had found there was a "substantial or real chance of prejudice" if Mr
Snedden was extradited, because of his political beliefs.
The case resumes at 9.30am (AEDT) on Tuesday.