Accused Nazi war criminal Charles Zentai will learn whether he is eligible for extradition to Hungary.
A Perth magistrate will decide on Wednesday whether to recommend to the federal government that the 86-year-old be sent back to Hungary to face charges over the death of Jewish teenager Peter Balazs in 1944.
Zentai lost a High Court challenge in April this year arguing the Perth Magistrates Court was not the right jurisdiction to consider extradition.
If Magistrate Barbara Lane finds Zentai can be sent back to Hungary, she will make a recommendation to Attorney-General Robert McClelland who will have the final say on the matter.
The Republic of Hungary alleges Zentai, a former Royal Hungarian Army officer, caught 18-year-old Peter Balazs on tram tracks in Budapest not wearing the yellow Jewish star.
Known to each other from their hometown of Budafot, near the capital, Zentai allegedly took Balazs to an army post and with two others assaulted him from 3pm until evening.
Mr Balazs died and his body was tied to a ballast before being thrown into the Danube river.
Zentai's lawyer Grant Donaldson argued in court on Monday that under the treaty between Australia and Hungary, his client could only be charged under the laws that existed at the time of the offence.
He said the prosecution's attempts to refer to the offence of unlawful killing under an 1878 Hungarian act, was wrong.
But Commonwealth prosecutor Michael Corboy said it was not necessary for the offences in Hungary and Australia to be identical.
He said while the relevant decree was enacted after the offence - in 1945 - Zentai was still eligible to be extradited.
