ID :
83700
Thu, 10/08/2009 - 17:41
Auther :

Zentai loses appeal against extradition

Alleged Nazi war criminal Charles Zentai has lost a Federal Court appeal to avoid
extradition to Hungary to face war crimes charges.
The full bench of the court delivered its judgment in Perth on Thursday, and granted
a stay of 14 days on the execution of the extradition warrant on the 88-year-old.
The Hungarian government alleges Zentai was one of three men who tortured Jewish
teenager Peter Balazs in Budapest in November 1944, leading to his death.
Zentai denies the accusation and has fought for four-and-a-half years against his
extradition.
A warrant was first issued for his arrest in 2005.
Last year magistrate Barbara Lane ruled Zentai was eligible to be surrendered for
extradition to face the charge.
Zentai's lawyers appealed the decision in the Federal Court but it was upheld by
Justice John Gilmour in March.
Zentai's lawyers took the legal fight to the full bench of the Federal Court in
August, arguing the crime was not an offence when it was allegedly committed.
Zentai still has the option of applying to the High Court for leave to appeal.
Attorney-General Robert McClelland has the final say on Zentai's extradition.
Mr McClelland has delegated the decision to Home Affairs Minister Brendan O'Connor,
who has already invited submissions on the matter.
Zentai's bail was renewed and he was to attend a cardiologist's appointment ordered
by the attorney-general's office on Thursday afternoon.
His son, Ernie Steiner said outside the court the family would consider its options
in the next two weeks.
"We're leaving all options open at the moment, because we haven't read the full
extent of the judgment. There may be things in there that are worth pursuing," he
said.
The cost of seeking leave for the case to be heard in the high court was cause for
hesitation to push the case further, with the legal bill topping $200,000 to date,
Mr Steiner said.
"There is a hesitation (to go to the high court), the cost is a factor but we'll do
what needs to be done," he told reporters.
Mr Steiner said he had lodged a 570-page submission with Mr O'Connor and said the
minister could be his father's best hope of avoiding extradition.
"As far as that goes we've never been able to present any arguments about my
father's innocence in the courts in Australia," he said.
"Obviously I am very concerned for my father and I've had to ask him some very
direct questions and I'm convinced through my own family history, statements he made
in 1994 when my mother was still alive about the date of his departure from
Budapest, he wasn't even there.
"So this is really a travesty, this whole thing."
Zentai turned 88 on Thursday.
The Simon Wiesenthal Centre lists him in their top ten wanted war criminals.

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