AN ELDERLY Perth man accused of a
Nazi war crime is fighting a decision to have him extradited
to Hungary, saying a magistrates court was not the right
jurisdiction to decide his fate.
Hungary wants Charles Zentai, 87, over the alleged fatal bashing of Peter Balazs,
18, in Budapest in 1944 for failing to wear a yellow star
marking him as a Jew.
Zentai was a warrant officer in the
Hitler-aligned Hungarian army.
If Zentai is extradited, it would
be the first time an Australian has faced court charged with
Nazi war crimes.
Perth magistrate Barbara Lane ruled
last August that Zentai's case met the requirements of the
Extradition Act and said he was eligible to be surrendered
to Hungary for trial.
In an application for review lodged
in the Federal Court, Zentai's lawyers argue the magistrate
did not have jurisdiction to determine whether the extradition
treaty between Australia and Hungary affected the way the
act operates.
They also claim the war crimes offence
relied upon by Hungary was enacted in 1945 and did not exist
at the time of Mr Balazs' death.
Zentai says he left Budapest the day
before the alleged offence occurred. Two fellow soldiers
have been convicted over their part in the killing.
Zentai's son, Ernie Steiner, said: "The
worst thing is that we know he's innocent and it's frustrating
to be … given so few options to prove that innocence."
Zentai is number seven on a list of
the Simon Wiesenthal Centre's 10 most wanted suspected Nazi
war criminals.
theage.com.au
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