November 17, 2009 8:01PM
news.com.au
Family pleas against Zentai extradition

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.

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