INTERVIEW - ABC 720 WITH RUSSELL WOOLF
Saturday 12 November 2009
Subject: Approved Extradition Request For Alleged War Criminal Charles Zentai
WOOLF: As you've heard in the news, the Federal Government has approved a request to extradite 88-year-old Charles Zentai to Hungary on war crimes allegations. It's a story I think is pretty well known in Perth. Mr Zentai has spent about four years fighting the extradition attempt. He's accused of murdering a Jewish teenager in Budapest in 1944 towards the end of the Second World War, a charge that he and his family denies.
Brendan O'Connor is the Home Affairs Minister, who approved the extradition, and joins me on Drive this afternoon. Minister, it's good to be talking to you.
O’CONNOR: Yes, good afternoon.
WOOLF: On what grounds did you decide to approve the extradition?
O’CONNOR: Firstly, can I say the decision was not about assessing Mr Zentai's guilt or innocence. This decision is about considering the individual circumstances of the case, in accordance with our extradition legislation. And it's also about ensuring that Australia continues to meet its obligations to cooperate with nations around the globe on law enforcement.
So in relation to those matters, I took into account all relevant circumstances of the case in reaching my decision, in accordance with the provisions of the Act, and also the treaty between Australia and Hungary. And they include the seriousness of the alleged offence, they include humanitarian considerations, such as Mr Zentai's age and health, and all relevant representations made on behalf of Mr Zentai, and also by Hungarian authorities.
WOOLF: Does that include a couple of documents that would have been given to you by Mr Zentai's family, that were ones that had not been presented in court?
O’CONNOR: All information provided to me up until the decision I made today has been considered by the department, and certainly by me. So of course we look at all relevant material, to ensure that this matter is dealt with properly. It is a very serious matter. I can assure you I've taken this matter very seriously, and taken into account all relevant material.
WOOLF: And while you say this decision isn't determining whether Mr Zentai is guilty or innocent of the charges, if you had uncovered information and you found that he, you know, in your opinion had been - was, innocent, would you still be sending him to Hungary?
O’CONNOR: Well as I say, we are looking at all relevant facts, and of course we look at the seriousness of the alleged offences, and all other...
WOOLF: I'm just wondering, would you knowingly send an innocent man...
O’CONNOR: ...and all other information that's relevant. And clearly that hypothetical question you put to me,is something that would be relevant, but that is not something that's been put to me.
WOOLF: Okay. Now what about Mr Zentai's family? Did you contact them prior to announcing the decision today?
O’CONNOR: Mr Zentai was the first - I advised the authorities to ensure that Mr Zentai was the first person contacted. That is, he was informed of the decision, as is proper, after which all other parties were informed.
WOOLF: And does that mean the media, and then his family?
O’CONNOR: No. It means that Mr Zentai was the first person to be informed, as is proper.
WOOLF: Okay. So Mr Zentai's family, do they have any further avenues of appeal, do you think?
O’CONNOR: That's entirely up to Mr Zentai as to whether they appeal, but they do have a capacity. That is, Mr Zentai has an avenue of appeal to review my decision, and so that's entirely up to of course Mr Zentai, his family and his representatives.
WOOLF: And so if they don't appeal, and I guess they'll need to go probably to the Federal Court in order to appeal, if they choose not to, when will Charles Zentai be extradited, when will he physically leave Australia, and head to Hungary?
O’CONNOR: Well that will depend upon the logistical arrangements that would occur. The Hungarian authorities, or the Hungarian Government, have two months to resolve this matter. If there's no appeal to the decision, and if they do not resolve the processing, and certainly the transporting of Mr Zentai within that period, then they would have to provide explanations as to why not. And that's again something that they have to ensure they do, to discharge their obligations.
But as I've said, there is a capacity for Mr Zentai to appeal, and that's entirely up to him.
WOOLF: Brendan O'Connor, Federal Minister for Home Affairs, I appreciate you joining us, and explaining this decision today on Drive.
O’CONNOR: Not at all.
