Investigating judge Christine Forstner ruled that there was enough evidence to suggest a crime that warranted extradition. There were no indications to object to extradition to Croatia, the judge said.
Judge Forstner said the defence did not provide enough evidence to deny Croatia's extradition request. The defence failed to prove that their client would persecuted in Croatia adding that Croatia's judiciary was functioning.
Forstner declined to comment on the content of a DVD, allegedly incriminating Croatian Prime Minister Ivo Sanader. She, however, confirmed that Croatian president's advisor Sasa Perkovic offered Zagorec a deal.
Zagorec's attorneys announced they would appeal.
"An appeal is a must, there is nothing contentious about that. The explanation that the judge gave and the fact that today she denied the defence's request to introduce new evidence will make our appeal much easier," Zagorec's Zagreb attorney Zvonimir Hodak said.
Zagorec's defence team today proposed that two new witnesses be heard - former advisor on national security Markica Rebic and Vienna University professor of Southeast European history Horst Haselstein. The defence also suggested that a DVD with the interview of Croatian President Stjepan Mesic for a Croatian Television political talk show also be viewed as evidence because Mesic said in the interview that the Croatian judiciary was not fully functioning.
The judge dismissed their request and ruled that Zagorec be handed over to Croatia.
Zagorec was arrested in Vienna in March on charges of embezzling over 5 million euros in Croatian state funds and abuse of office. Croatia accuses him of having taken a case with precious stones from an arms dealer in 1993.
Before today's hearing, reporters asked Zagorec to comment on his expectations but Zagorec briefly said "No comment".