THE family of Charles Zentai has made an emotional plea to
the Federal Government to reveal the procedures that led
to it approving the extradition of the accused war criminal.
Home Affairs Minister Brendan O'Connor earlier this month announced that the
88-year-old Perth man, accused of a war crimes offence in
Hungary in 1944, would be surrendered to Hungarian authorities.
Through his family and lawyers, Mr
Zentai has indicated he will appeal against the extradition
in the Federal Court before the lapsing of the two-month
period in which Hungary can carry it out.
Mr Zentai's extradition, which could
lead to him becoming the first Australian citizen to be tried
on Nazi war crimes, stems from his alleged involvement in
the beating and torturing to death of a Jewish teenager,
Peter Balazs, in November 1944.
He denies he was anywhere near the
scene of the crime at the time and claims he has been used
as a scapegoat by two men who were tortured and faced the
death sentence over the incident.
Mr O'Connor said on November 12 his decision to allow Mr Zentai's extradition
did not reflect on his innocence or guilt but was carried
out "in accordance with Australia's extradition legislation and its international
obligations".
Mr Zentai's son, Ernie Steiner, wrote to Mr O'Connor today , asking why he had
not addressed his "responsibilities to a frail 88-year-old citizen of more than 50 years".
"You make absolutely no
mention of that in your press release or order to extradite," Mr Steiner wrote.
"You have made a blatantly
political decision, ignored the legal arguments and found
a way to distance yourself from the ultimate decision.
"You are well aware, Minister,
that your decision to extradite can in fact be reviewed by
the Federal Court and you have used that avenue of escape
for yourself at my father's expense."
Mr Steiner asked how his father could
hope for a fair trial in the absence of any current charges
against him, living witnesses to the incident and proposals
for a military court trial, which was likely to come under
the control of the Hungarian government.
He asked why his father could not
be questioned by Hungarian authorities in Australia and how
long he would be locked up "away from his essential health and family support".
"Please, Minister, break
you silence and let all Australia know your response to these
important questions because you are sending an Australian
citizen, a man of great integrity, faith and character to
misery and death."
Mr Zentai's lawyer, Denis Barich,
has written to a litigation manager in the Attorney-General's
Department requesting copies of Mr O'Connor's determination
and the warrant he had issued under the Extradition Act.
"In view of the secrecy
attaching to the process of implementing the minister's decision
there appears to be no other course available to our client
but to make an urgent application in the Federal Court prohibiting
the implementation of the minister's decision pending receipt
of the relevant papers ... ," Mr Barich wrote.
He said he was also seeking other
information "and a reasonable period thereafter to consider the full suite of grounds on which
Mr Zentai might seek judicial review of the minister's decision".
"Otherwise our client's
access to judicial review will be frustrated at the root," he said.
Mr Barich told the Government it had
still not answered requests for the proposed arrangements
for Mr Zentai's transfer to Hungary. news.com.au
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