Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

The Minister for Justice has provided the following answer to the honourable senator ' s question:

(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 Senator Boyce 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 current litigation 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.

(4) The Republic of Hungary made a formal request under the Treaty on Extradition between Australia and the Republic of Hungary for the extradition of Mr Zentai to face prosecution for a war crime. Australia has an obligation to consider that request in accordance with the Treaty and the Extradition Act 1988.

(5) (a) The approximate cost to the Commonwealth of litigation in the matter of Mr Zentai's extradition to date is $455,000 (including GST and disbursements). These include costs of approximately $247, 000 incurred in earlier proceedings instituted by Mr Zentai challenging various aspects of the extradition process, including the constitutionality of the Extradition Act 1988. Mr Zentai was unsuccessful in those proceedings. The Australian Central Authority for extradition in the Attorney-General's Department does not maintain records of the time particular officers spend on particular matters. (b) It would be inappropriate to provide an estimate of the costs of the current appeal proceedings in circumstances where the proceedings are ongoing and at a relatively early stage.