14.

Australian
Inncocent?

Sydney. Australia (JTA) —
The third European immi-
grant to Australia to be
charged with crimes against
humanity during World War
II has pleaded not guilty to
the charges.
Heinrich Wagner, 69, who
was charged with crimes
committed in Ukraine in
1942 under amended war
crimes legislation, made his
plea at the opening of the
court proceedings in
Adelaide.
In his first appearance,
Mr. Wagner denied in-
volvement in both the
murder of an estimated 104
Jews and the 1942 murder of
19 children of part-Jewish
parentage in the Kirovograd
region of Ukraine.
Mr. Wagner's supporters
have been heartened by the
acquittal earlier this year of
Ivan Polyukhovich, the first
man charged in this country
under the amended war
crimes legislation.
The acquittal of Mr.
Polyukhovich, who was also
charged with war crimes in
Ukraine, came after the
judge warned the jury that
the many years that had
passed since the crimes
prevented the accused of
mounting a proper defense.
Miholay Berezowsky, the
second person in Australia
charged with crimes com-
mitted during World War II,
did not face a formal trial
after a committal hearing
resulted in a ruling that in-
sufficient evidence existed to
try him on murder charges.
Australia's War Crimes
Amendment Act was passed
by Parliament in December
1988.
According to Australian
law, a trial on murder
charges is preceded by a so-
called committal hearing in
which it is determined if
there is sufficient evidence
for a formal trial.
In September 1992, an
Adelaide magistrate
presiding over a committal
hearing accepted as evidence
drawings by an artist who
said he had witnessed
atrocities committed by
Wagner, an ethnic German
who lived in Ukraine.
Other witnesses included a
man who served eight years
in a Soviet prison for in-
volvement in the crimes for
which Wagner is accused;
villagers who testified that
Mr. Wagner wore a police
uniform in 1942 and 1943;
two witnesses who testified
they saw a blood-splattered
mass grave of Jews. 0

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