Dragan Vasiljkovic, aka Captain Dragan, whom Croatia accused of torturing and killing prisoners of war in a prison in southern Croatia in 1991, mounted a fresh appeal to the Australian Federal Court in an attempt to prevent his extradition to Croatia, the Australian media reported on Tuesday.
His legal team filed appeal papers in the Federal Court last week after judge Richard Edmonds last month ruled Vasiljkovic's latest legal bid was an abuse of process.
"It will be a last-ditch attempt to have the federal government release the former paramilitary commander from a Sydney prison," the Australian media said.
The Federal Court is expected to make a decision on whether Vasiljkovic, otherwise known as Daniel Snedden, would be released from custody on February 2.
A final decision on whether Vasiljkovic would be extradited has been in the hands of Home Affairs Minister Brendan O'Connor since May.
"But Mr O'Connor's office -- although it had not yet received notification of the appeal -- confirmed last night the minister would not be making a decision on the extradition process while the Federal Court proceedings were under way," according to The Australian.
The Australian Federal Police spent 43 days searching for the former Australian army reservist, who was apprehended north of Coffs Harbour, in NSW, at a dry dock while he was carrying out repair work to a yacht.
Vasiljkovic's extradition case has been before the Australian courts since 2006, when Croatia first lodged its extradition request with Australian authorities.
He is currently in the Silverwater prison in Sydney
