Zagorec's attorneys may appeal with Austria's Higher District Court within 14 days of receiving the decision on extradition, said Forstner, adding that if said court approved the decision, the case would be sent to the Austrian Justice Ministry for the minister to sign the decision on extradition.
Zagorec's attorney from Zagreb, Zvonimir Hodak, told the press the defence had good arguments to back its appeal. He said that under Croatian law, the statute of limitations applied if the case referred to the crime of embezzlement which began in 1993 and proceedings were launched in 2007.
Zagorec, who also holds Austrian citizenship, was arrested in Vienna in March on charges of embezzling over five million euros in Croatian state funds and abuse of office.
Hodak said that if an Austrian court of second instance turned down their appeal, the defence would lodge one with the International Court of Human Rights, requesting that its president issue a temporary ban on Zagorec's extradition to Croatia until the Strasbourg court handed down a final decision.
Hodak said Zagorec would not apply for asylum in Austria.
At today's hearing, Zagorec's Austrian lawyer Michael Dohr tried to convince the judge that his client was a victim of politically-motivated prosecution in Croatia and that his life would be in danger if he returned there.
Regarding a contentious DVD of his meeting with Croatian presidential advisor Sasa Perkovic, Zagorec said at the hearing that the DVD did not contain their entire conversation, only what they said in the hotel room, not what they said in the corridor.
Quoting parts of the conversation from the DVD, Dohr said that when Zagorec asked if his and the lives of his children were in danger, Perkovic answered in the affirmative. "Yes. The three of us will make a gentleman's agreement," Stjepan Mesic's advisor allegedly said.
Dohr said Zagorec was offered a settlement "if he brought some documents".
Judge Forstner said the DVD would not be publicly available as it was not common court practice, but that it would be handed over to Croatian judicial bodies.
At the hearing, she quoted Dohr as saying that Perkovic had offered Zagorec a settlement, saying that "the president will see to it that the proceedings against him are dropped if he meets his commitments and produces some documents".