Charles Zentai wins appeal against extradition on war crimes

CHARLES Zentai, 88, accused of Nazi war crimes, has won his Federal Court appeal against extradition to Hungary on a charge of killing a Jewish teenager in 1944.

The Willetton veteran had exhausted all other avenues of appeal after a magistrate granted his extradition to Hungary in October last year.

Earlier today his family revealed Mr Zentai had recently had a stroke and was in poor health.

Members of his family cried with relief when the federal court decision was announced today.

The five-year legal battle has cost Mr Zentai his life-savings, having spent an estimated $200,000 in the legal fight.

Outside the court, Mr Zentai said the five-year legal process had put he and his family ``through hell''.

Mr Zentai said he could not describe his relief at being spared extradition, saying: ``It was something I've never felt before''.

The pensioner said the battle against his extradition had cost him his entire life savings.

``I have lost practically everything,'' Mr Zentai said.
Zentai’s case made international headlines in 2005 when it was alleged that as a 23-year-old warrant officer in the Hitler-aligned Hungarian army in 1944, he, and fellow soldiers Captain Bela Mader and Lieutenant Lajos Nagy, beat 18-year-old Peter Balazs to death.

Federal Home Affairs Minister Brendan O’Connor ruled last November that Mr Zentai was eligible for extradition on war crimes charges.

But his son Ernie Steiner said new evidence including a witness statement, historical correspondence from Hungary and statements from the Commonwealth Director of Public Prosecutions that there was no prima facie case, should help clear his father.

He had spent time in Hakea Prison late last year, but was released due to his ill-health.

Doctors had earlier affirmed Mr Zentai's poor medical condition, which has helped keep him out of custody since Perth magistrate Barbara Lane last year ruled he was eligible to be surrendered for extradition to face the war crimes charge.

The Federal Court upheld Mr Zentai's appeal, saying the Home Affairs minister's extradition decision was beyond his jurisdiction.

Judge Neil McKerracher said war crime was not a qualifying extradition offence for which Mr Zentai could be surrendered for extradition.

http://www.perthnow.com.au/news/charles-zentai-wins-appeal-against-extradition/story-e6frg12c-1225887270072

Perhaps the evidence did not add up.