Brendan O'Connor (Gorton, Australian Labor Party, Minister for Home Affairs) Share this | Hansard source

The answer to the honourable member's question is as follows:

(1) As set out in the judgment of His Honour Justice McKerracher in Zentai v Honourable Brendan O’Connor (No 3) [2010] FCA 691, prior to making a surrender determination in respect of Mr Zentai, the Minister was provided with a submission (annexing relevant documentation) prepared by the Attorney-General’s Department. The submission discussed advice provided by the Commonwealth Director of Public Prosecutions to the Australian Federal Police on evidentiary issues relating to the allegations against Mr Zentai and also discussed the basis on which the Republic of Hungary sought Mr Zentai’s extradition. As the issues raised by the honourable member are the subject of proceedings currently before the Full Court of the Federal Court, it is not appropriate to comment further.

(2) The submission prepared by the Attorney-General’s Department referred to in response to Question (1) above was before the Minister at the time he determined that Mr Zentai was to be surrendered to Hungary to face prosecution for a war crime. In view of the issues raised in litigation presently before the Full Court of the Federal Court in this matter, it is not appropriate to comment further.

(3) The decision of Mr Justice McKerracher of 2 July 2010 raises significant and complex issues for the administration of Australia’s extradition scheme. It is appropriate that an appeal be pursued.

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