An alleged Nazi war criminal has failed
to avoid extradition to Hungary on charges of murdering a
Jewish teenager in 1944.
Charles Zentai, 87, appeared in the Federal Court on Tuesday to learn the outcome
of his application for a review of a magistrate's ruling
that he is eligible for surrender to Hungarian authorities.
Zentai, of the southern Perth suburb
of Willeton, had made the application on the basis that the
charge against him did not constitute a war crime at the
time of the murder.
Justice John Gilmour upheld the ruling
of magistrate Barbara Lane, concluding the charge was a war
crime and an extradition offence.
Asked why Zentai should not be held
in custody until the federal government made a decision on
his extradition, lawyer Denis Barich said his client had
a heart condition and was under the care of specialists.
Zentai, who supported himself with
walking stick at the hearing, was given a seven-day stay
on a bail ruling.
Justice Gilmour said he should provide
submissions from his specialists to show cause why he should
not be held in custody.
Zentai is alleged to have been with
two other men who tortured 18-year-old Peter Balazs in Budapest
in November 1944, leading to his death.
Zentai says he was not even in Budapest
at the time.
After Ms Lane ruled he was eligible
for surrender to Hungarian authorities, his lawyers argued
that a 1945 decree in the Australia-Hungary treaty meant
the offence Zentai was accused of was not a war crime.
Zentai, who will appear in the Federal
Court again next Tuesday, is likely to make application for
an appeal to the full bench of the Federal Court.
The Simon Wiesenthal Centre's chief
Nazi hunter Efraim Zuroff welcomed the latest federal court
judgment but said the whole process was infuriating.
"This is my fear (that
it is going to drag on). I'm actually infuriated by this
whole process," Dr Zuroff told AAP.
"It's already four years
since the extradition request from Hungary came to Australia
and Zentai and his family have been able, by a variety of
legal machinations, to prevent him from being extradited."
Dr Zuroff said Zentai should be in
custody.
"The problem is they look
at him and they think he deserves some sort of sympathy because
he's elderly - the people who deserve the sympathy are Peter
Balazs and his family; he's the one who was murdered and
they are the ones who have suffered the loss of a dear one
..." he said.
Dr Zuroff said the family's concerns
that Zentai would not get a fair trial in Hungary were unfounded.
"That's total bullshit,
quite frankly that's total bullshit," Dr Zuroff said.
"They're talking about
Hungary like nothing has happened in the last 18 years. Hungary
became a democracy, it joined the European Union, it joined
NATO, what are they talking about?"
news.ninemsn.com.au
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