COURT THROWS OUT EVIDENCE

Press, Volume CVII, Issue 31380, 27 May 1967, Page 13

COURT THROWS OUT EVIDENCE

(N.Z.P.A.-Reuter—Copyright) COLUMBIA (South Carolina), May 26. Evidence of war crimes in South Vietnam offered by lawyers defending an Army doctor accused of disloyalty, was thrown out by a court-martial officer yesterday.

Testimony about atrocities by South Vietnamese against war prisoners committed with the knowledge of the American “Green Berets”— Special Forces—had been given on Wednesday in the trial of Captain Howard Levy. Captain Levy, a 30-year-old New Yorker, contends that orders for him to train Special Forces medical personnel were illegal. He is charged with disobeying orders and making disloyal statements.

His lawyers argued that his disobedience was justified on the grounds that Special Forces troops commit war crimes, violating international law.

Today, Colonel Earl Brown, the court-martial law officer, said there was no evidence that the order to train medi-

pal personnel was illegal. “While there have been perhaps needless instances of brutality, and this may have affected Levy’s attitude, there was no evidence proving the training order was illegal.” Colonel Brown said. Evidence on the atrocities had been heard outside the courtroom. After the judicial ruling, the 10-man court was expected to resume hearing the case.