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“A Federal Court appeal against the order to extradite Daniel Snedden is expected to be heard in about September or October this year by Justice Cowdroy .

 “The grounds for the appeal include an argument that Daniel would be unlikely to be tried without prejudice in Croatia and a constitutional argument that, under the Crimes Act of NSW, as an Australian citizen, he should not be sent to Croatia to be tried for these sort of charges but should instead be tried in Australia before a jury.

 “Amongst other assertions, it will be argued that any trial in Croatia would be prejudicial because –

  1.                               Daniel is seen by Serbians as a significant war hero because of his involvement in the fighting in Kajina whereas Croatians then and now think the opposite due to ongoing divergent views about the rights and wrongs during the war between the two ethnic groups.

2.                               Simply because Daniel Snedden is considered by Serbians as a hero he is hated by Croatians.

3.                               The language of the extradition request suggests adverse prejudging of the legality of Serbia ’s actions in the Krajina during the War and a bias in favour actions taken by the Croatian forces.

4.                               Witnesses who would be willing to give evidence on Daniel’s behalf would be unwilling to do so in Croatia because they would be afraid they may also be arrested and charged with offences.”

   

 

David Baldry
Associate
Schreuder Partners Lawyers

 

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