AN AUSTRALIAN man accused of brutal war crimes in the Balkans in the early 1990s is set to be released from a Sydney prison after the Federal Court today upheld his appeal against his extradition to Croatia.

Daniel Snedden, an Australian citizen who led a Serb paramilitary unit during the war in Croatia, is wanted by Croatian authorities over allegations he repeatedly raped a female Bosnian prisoner of war, beat a number of Croatian prisoners of war, and ordered soldiers under his command to commit murder.

The 54-year-old, who was known as Captain Dragan during his time as a military commander, has been in custody in Sydney since 2006, when he was arrested by Australian Federal Police following an extradition request by the Croatian Government.

This morning, Judge Geoffrey Flick ruled that if Mr Snedden was to be extradited to Croatia to face trial on war crimes charges, there was “a substantial or real chance of prejudice” based on his known political beliefs.

Justice Flick also found that there “are substantial grounds for believing that he may be ‘punished’ or imprisoned and thereby ‘detained’ or ‘restricted in his personal liberty’ and such treatment arises ‘by reason of his nationality or political opinions’.”

The judge ordered Mr Snedden’s release, but stayed the order until 3pm on Friday to allow lawyers acting for the Republic of Croatia to consider lodging an appeal.

Costs were awarded in favour of Mr Snedden.

Outside court, a spokeswoman for the “Free Daniel Snedden” group, said she was relieved “that justice has prevailed”.

Comment was being sought from the Croatian Government.

The Australian 02.09.2009