The Bavarian Ministry of Justice will take no disciplinary action against the three government prosecutors in the trial of the late Philip Auerbach, it was announced today.
Dr. Josef Klibansky, chief counsel for Auerbach, had demanded action against the prosecution staff for its failure to inform the court that the chief government witness against Auerbach was himself a defendant on perjury charges in another court. The testimony of this witness was held largely responsible for Auerbach’s conviction.
The Minister of Justice, in rejecting Dr. Klibansky’s demand, said the prosecutors had not acted illegally and had not been aware until “the last minute,” that the witness, Karl Diekow, was facing perjury charges. Since Diekow’s testimony was similar to that of other witnesses, he added, it had not been considered necessary for the prosecution to investigate his record.
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