Alleged war criminal Charles Zentai will celebrate a traditional
Hungarian Christmas with his family after a Federal Court
judge granted him bail.
Zentai, 88, has been in custody in a Perth prison since October after handing
himself over to the Australian Federal Police (AFP).
In November, Home Affairs Minister
Brendan O'Connor announced Zentai would be surrendered to
Hungarian authorities which allege he was one of three soldiers
who beat and tortured Jewish teenager Peter Balazs to death
in November 1944.
Zentai was arrested in 2005 after
Hungarian authorities issued a warrant for his arrest.
On Wednesday, Justice Neil McKerracher
approved Zentai's bail, effective immediately.
Lawyers for Mr O'Connor did not oppose
orders sought by Zentai's lawyer Malcolm McCusker QC during
the bail application.
Mr O'Connor's lawyer Jeremy Allanson
SC told the court there was no suggestion Zentai was a flight
risk.
Justice McKerracher said Zentai had
been a long standing Australian national whose support base
and family was in Perth.
He said Zentai lacked the financial
resources to flee and he had access to medical facilities
to treat a heart condition, which had been detailed before
the court before.
Outside the court, Zentai's son Ernie
Steiner said he had gone to the court with mixed expectations
and concerns his father would not be bailed.
Mr Steiner said he would travel to
Hakea prison on Wednesday afternoon to collect his father
and was happy he would be able to enjoy a traditional Hungarian
Christmas on Christmas Eve with prayers, carols and Hungarian
food.
"Christmas without him
would just be something terrible I think and for him to be
alone inside a prison would have been even worse," he said.
Zentai had been on anti-depressants
to help him through his time in prison and had been having
counselling, Mr Steiner said.
"When we visit him for
one hour it's hard to gauge the psychological effect," he said.
"He is imprisoned for 15
and a half hours minimum each day so what that does to a
person you can only imagine and a person who is innocent
also."
Zentai emigrated to Australia after
World War II after serving in the Nazi-aligned Hungarian
army.
He has maintained his innocence and
fought his extradition in the Federal and High courts.
Jewish human rights group The Simon
Wiesenthal Centre has vigorously pursued Zentai's extradition.
But Mr Steiner said he had documents
which show the Hungarian government wants to merely question
his father not try him for the alleged war crime.
Zentai's lawyers have lodged documents
to the Federal Court to appeal Mr O'Connor's decision to
extradite him.
A directions hearing for the appeal
was expected early next year, Mr Steiner said.
"We do have some very,
very strong arguments for the appeal, things that have never
been able to have been presented before the courts in Australia
so we're really hopeful that will finally put this issue
to rest," he said.
news.theage.com.au
|