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May 28, 1993 - Image 12

Resource type:
Text
Publication:
The Detroit Jewish News, 1993-05-28

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Australian Jury
Grants Acquittal

Sydney, Australia (JTA) —
An Adelaide jury has ac-
quitted Ivan Polyukhovich,
the first accused Nazi war
criminal to be tried . under
special Australian legisla-
tion passed to ensure such
prosecutions.
The jury took one hour to
reach a verdict following
eight weeks of evidence.
The outcome was not
unexpected, given Judge
Brian Cox's instructions to
the jury. Judge Cox stressed
that the lapse of 50 years
since the time of the alleged
crimes made it difficult for
Mr. Polyukhovich to defend
himself.
The judge told the jurors
they were duty-bound to
consider that the case would
have been more strongly
defended had the charges
been brought against
Polyukhovich nearer the
time they were committed.
"Given that, it would be
dangerous to convict on the
evidence brought against
him," the judge reportedly
said.
Craig Caldicott, Mr.
Polyukhovich's lawyer, said
that his client had always
proclaimed his innocence
and was now "very reliev-
ed."
"Fifty years have elapsed
since the events and there
were many difficulties with
witness evidence," he said.
The 7 7-year-old Mr.
Polyukhovich was charged
with involvement in the
murder of up to 850 Jews,
and the murder of a Jewish
woman and two children in
the Ukraine in 1942.
While Australian Jewish
groups appeared to respect
the decision of the court, the
Los Angeles-based Simon
Wiesenthal Center said it
was concerned with the
judge's comments.
The judge's remarks con-
stituted an "ominous sign
that casts doubt over the
process of the prosecution of
Nazi war criminals in
Australia," said Ephraim
Zuroff, director of the Simon
Wiesenthal Center's Israel
office.
"If Judge Cox's instruc-
tions represent judicial
policy, then there is no point
in continuing to prosecute
Nazi war criminals in
Australia, and the special
law passed expressly for that
purpose will ultimately be
considered a dramatic but
futile gesture, passed merely

to placate public opinion but
which achieved no practical
results whatsoever," Mr.
Zuroff said.
However, Isi Leibler, pres-
ident of the Executive Coun-
cil of Australian Jewry, said,
"The Australian Jewish
community respected the
decision of the Australian
court."
Speaking from Jerusalem,
Mr. Leibler said, "The
Australian government had
acted properly by allowing
for the prosecution to take
place and ensuring that
Australian standards of
evidence were upheld.
"The trial outcome does
not weaken the argument
that Australia has a respon-
sibility to ensure that in-
dividuals alleged to have
committed crimes against
humanity could be tried in
Australian courts," Mr.
Leibler said.

Sarajevo Aid
From U.N., JDC

New York (JTA) — United
Nations officials have said
they will cooperate with the
American Jewish Joint
Distribution Committee and
fly at no cost a shipment of
JDC medical supplies from
Split, Croatia, to the Jewish
community in besieged Sara-
jevo.
The supplies will be flown
by the local branch of the
U.N. High Commissioner for
Refugees in the Adriatic
city of Split.
The medications, stored by
the JDC in Split, are part of
a continuous supply being
sent to Sarajevo and
distributed to the entire
population.
"We currently operate
three pharmacies that serve
more than 15,000 patients a
month — Jews, Muslims,
Christians — who have no
other source of help," said
Ambassador Milton Wolf,
JDC president.
"We also sent medicines to
the Sarajevo Hospital, where
the inventory is rapidly be-
ing depleted as a result of
the renewed violence," Mr.
Wolf said.
Increased fighting recently
between Croatian and large-
ly Muslim forces in Bosnia-
Herzegovina has blocked the
land routes to Sarajevo.
The JDC has brought to
Sarajevo more than 300 tons
of medicines and food.

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