PODOLA TO BE TRIED

Press, Volume XCVIII, Issue 29008, 24 September 1959, Page 21

PODOLA TO BE TRIED

Fitness To Plead Decided

(N Z. Press Association—Copyright) LONDON, September 22.

An Old Bailey jury decided tonight that Guenther Fritz Podola, aged 30, was sane and fit to stand trial on a charge of murdering a London detective in July. The Judge ordered that the trial would take place at noon tomorrow.

Thus ended the dramatic nineday "trial within a trial” to decide whether Podola, a German-born photographer, was suffering from loss of memory and therefore unable to plead to a charge of murdering Detective-Sergeant Raymond Purdy, aged 43, in West London on July 13. Tension mounted in the packed Court all day and grew to a climax as the jury, after an absence of nearly three hours and a half, filed slowly back to announce their verdict. Podola stood stiff and erect in the dock as the verdict was announced, and the Judge gave his decision.

When the Judge read the charge to Podola, and asked him whether he pleaded guilty or not guilty he replied in a firm, loud voice: ‘‘Not guilty, my Lord.” After the Judge had dismissed the jury and adjourned the Court until tomorrow, Podola turned and almost ran down the steps to a cell below, followed by two warders.

Throughout the hearing Podola’s counsel, Mr F. H. Lawton, Q.C., had claimed Podola had lost his memory of all events before July 17, the day after his arrest. Mr Maxwell Turner, Q.C., for the prosecution had alleged that Podola was faking hysterical amnesia.

Shortly before they gave their verdict the jury returned to the Court to ask for further clarification from the Judge. He then told them that it was for the defence to establish the alleged loss of memory, saying: “They have to prove it beyond all reasonable doubt but not on the balance of probabilities. If they have not you must say so, and reject it.”