THE Rudd government was wrong to rule accused war criminal Charles Zentai could be extradited to Hungary.

THE Rudd government was wrong to rule accused war criminal Charles Zentai could be extradited to Hungary.

Mr Zentai has not been charged with any offence and is simply wanted for questioning, a court was told.

Asking the Federal Court to review the commonwealth's ruling last November, Mr Zentai's lawyer, Malcolm McCusker QC, argued that the 88-year-old's life would be threatened if he were detained in the "deplorable" conditions of a Hungarian prison.

"It would be a death knell to him," he said. "It would be oppressive and incompatible with humanitarian considerations to surrender Mr Zentai."

Mr McCusker, acting for Mr Zentai pro bono, said Home Affairs Minister Brendan O'Connor had failed to take into account Mr Zentai's ill-health and age, and the fact he had been an exemplary Australian citizen for nearly 60 years.

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Since his arrest in 2005, Mr Zentai has been fighting extradition to Hungary to face allegations he participated in the murder of Jewish teenager Peter Balazs on November 8, 1944. He denies involvement, saying he was not in Budapest at the time.

Mr McCusker told judge Neil McKerracher yesterday the Perth great-grandfather was not an extraditable person under the treaty between Australia and Hungary because he had not been charged with an offence.

The case continues today.

theaustralian.com.au