Decision delayed on Serb soldier

Accused war criminal Dragan Vasiljkovic has won a reprieve in his fight to avoid extradition to Croatia.

But the one-time Serbian paramilitary commander is still facing a complex legal battle to avoid being sent back for questioning over alleged murders of prisoners of war in the early 1990s.

Vasiljkovic, a naturalised Australian citizen also known as Daniel Snedden, has spent much of the past seven years in prison in Australia after Croatian authorities requested his extradition in January 2006.

He has since engaged in various legal battles to avoid being returned to the country he left as a 14-year-old and to which he returned as an adult to fight in the 1990s Balkan war.

His latest bid involved challenging the Australian government's decision to allow his extradition on the grounds that the time allowed for such action had expired, that he had been denied procedural fairness on two counts and that there had been legal errors in relation to the Geneva Conventions.

Federal Court judge Jennifer Davies ruled in his favour on one of the procedural fairness questions. She said Vasiljkovic should have been allowed access to correspondence between Australia and Croatia relating to his claims he would be treated unfairly by his former enemies in Croatia.

The Australian government asked its Croatian counterparts for information on Vasiljkovic's claims, but failed to make him aware of their response.

Justice Davies rejected the other challenges.

Croatian court documents claim Vasiljkovic ordered the killing of prisoners of war and led an assault on a village in which civilians were killed.

Belgrade-born Vasiljkovic denies the allegations.

Vasiljkovic's lawyer Dan Mori said outside court the decision could mean the extradition process has to be restarted.

Justice Davies has ordered counsel for both sides to make submissions to her regarding Friday's decision by November 21 and relisted the matter for November 22.

Vasiljkovic remains in Sydney's Parklea prison.