Tuesday, 10 March , 2009 18:38:00 abc.net.au
Zentai continues appeal against extradition
Reporter: David Weber

MARK COLVIN: A Perth man appeared in the Federal Court today to argue against his extradition to Hungary to face trial on a war crime charge.

Hungarian authorities want Charles Zentai to answer allegations that he assaulted and killed a Jewish man in Budapest during the Second World War. Mr Zentai has declared his innocence, but fears he won't get a fair trial if he's extradited to Hungary.

Today was the latest in a series of court appearances where his lawyers have been trying to use points of extradition law to make their case.

David Weber reports.

DAVID WEBER: Mr Zentai recently undertook a lie-detector test. The analyst who conducted it said he passed with flying colours. Today, Mr Zentai was asked whether he found it hard to take the test.

CHARLES ZENTAI: Emotionally, or psychologically, it wasn't hard at all, because I had nothing to hide. Physically it was a little bit, because of all the pressure on my arms and all that, but no, it was acceptable. I was prepared to do it anyhow, whatever the discomfort was…

REPORTER: Do you have a message for the Australian people, for the Federal Government?

CHARLES ZENTAI: I just want justice, that's all.

DAVID WEBER: Mr Zentai is not able to present his own evidence against the murder claim in an Australian court. The role of the Australian court system is only to determine whether an extradition request has been properly made.

It's the responsibility of the Federal Attorney General or the Home Affairs Minister to make the final decision on extradition. Mr Zentai's son, Ernie Steiner, said the family has had to fight extradition on complex legal issues.

ERNIE STEINER: It is very frustrating, yes, but it's the only avenue that is available. But as I said before I am preparing submissions to do with the criminal charges that can be submitted to the Minister for Home Affairs and also the Attorney General.

And that is a very long document, and full of statements, and ah, things about history that show the conduct of the people's court back in the, after World War II.

DAVID WEBER: The former diplomat Fergus Hanson recently completed a policy brief for the Lowy Institute on suspected war criminals in Australia. Mr Hanson says it will be a landmark case if Mr Zentai is eventually extradited.

FERGUS HANSON: If he is extradited it will be the very first extradition from Australia of a suspected war criminal to face trial overseas. So having said that, it's a very difficult case, and probably not the strongest case that we've ever had of a suspected war criminal in Australia.

If, in reading the reports, it seems as though most, if not all of the witnesses to the murder have actually since have now died, which would make it a very difficult case to run successfully, and also probably impossible in the Australian court.

DAVID WEBER: Mr Hanson says Australia can take no credit from the way the Zentai case has been handled.

FERGUS HANSON: Well I think it sends the unfortunate message that really you've got quite a good chance of escaping trial, that the fact that we're only sort of looking to this issue decades after the alleged events occurred really suggests that there is no dedicated resources in Australia to look into these issues.

The way that this case came up, we've got a referral from an organisation in Israel and America referring information on to the Australian Government, to the Hungarian Government. So it really doesn't speak very well about the action that the Government takes against suspects.

DAVID WEBER: Mr Hanson says he's optimistic the Government will boost resources devoted to dealing with suspected war criminals from more recent conflicts.

MARK COLVIN: David Weber.

abc.net.au