A Federal Court judge will decide whether to order the federal
government to disclose the reasons behind its decision
to extradite accused Nazi war criminal Charles Zentai to
Hungary.
Mr Zentai, 88, is currently on bail, living with his family in Perth's southern
suburbs, awaiting an appeal against Home Affairs Minister
Brendan O'Connor's decision to deport him.
The Australian immigrant is accused
of being one of three Nazi-backed Hungarian soldiers who
tortured and murdered Jewish teenager Peter Balazs for not
wearing a yellow star in Budapest in November 1944.
At a Federal Court hearing in Perth
on Friday, Justice Neil McKerracher heard submissions from
Mr Zentai's lawyer, Malcolm McCusker QC, that parts of Mr
O'Connor's conclusion to his decision had been blacked out.
These needed to be disclosed to the
defence to form part of their appeal, Mr McCusker argued.
However, Jeremy Allanson SC, acting
for Mr O'Connor, said his client's decision was based on
legal advice that it should remain confidential as part of
lawyer-client privilege.
Mr Zentai was arrested in Perth in
2005 after handing himself into local police, after Hungarian
authorities issued a warrant and extradition order.
The home affairs minister last year
announced he would surrender Mr Zentai but the decision was
quickly appealed against by his family.
Australian magistrates and federal
courts have already ruled there are no obstacles to the extradition.
Another appeal against the minister's
decision is due to begin in the Perth Federal Court on March
31.
Outside the court on Friday, Zentai's
son, Ernie Steiner, said his father was hopeful all the reasons
behind the minister's decision would be disclosed to help
his appeal.
He said the family would continue
to fight the extradition order all the way up to the full
bench of the Federal Court.
"I think it's important
that (my father) uses every legal avenue in Australia, because
we have that legal system here," he said.
"He wouldn't be afforded
that legal protection in Hungary.
"Hungary have not explained
how they would provide him with a fair trial.
"They haven't said how
they would do that in the absence of any living witnesses.
"How can you provide a
fair trial when you can't cross-examine the people who made
the statements against you?"
The case against Mr Zentai is believed
to hinge on two witness statements from the other Hungarian
soldiers involved in the murder, who have since died.
The family's legal expenses in their
five-year battle have cost well over $200,000.
Mr Steiner said a foundation had been
set up for people to donate to, and that Mr McCusker was
acting for Mr Zentai on a pro-bono basis.
Justice McKerracher has reserved his
decision. news.ninemsn.com.au
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