The key witness in the state’s case against Philip Auerbach, onetime head of the Bavarian Restitution Office who committed suicide immediately after his conviction on charges of fraud in office, was convicted today of perjury in another case by the Munich Court of Appeals.
The convicted perjurer, Karl Diekow, had testified that Dr. Auerbach had demanded a kickback from a contract awarded Diekow by his office. At the time Diekow was a witness in the state’s case against Dr. Auerbach his own perjury trial was pending. The prosecution neglected to inform the court of this, and some quarters believe that Diekow’s trial was deliberately held up in order not to prejudice the value of his testimony against Dr. Auerbach.
Subsequently Diekow was convicted, was sentenced to a year in prison, and appealed to the higher court. This time his sentence was reduced to eight months and he was given a suspended sentence, although the original conviction was upheld. He has waived his right of further appeal. Significantly, the bulk of the German press, which had devoted considerable space to the charges against Dr. Auerbach, has failed to report Diekow’s conviction as a perjurer.
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