Magisterial nap snapped

Press, 21 September 1984, Page 8

Magisterial nap snapped

NZPA-Reuter Hamburg The “Hitler diaries” trial was thrown into confusion yesterday when a magistrate fell asleep, which could mean a mistrial.

A magistrate, August Barke, was stirred from his slumber by shouts of “wake up” from the public gallery. Gerd Heidemann, the former reporter who is charged with fraud for selling the fake diaries to “Stern” magazine, broke off his evidence, looked puzzled and asked, "Who, me?” Amid more shouts from the gallery, the presiding Judge, Mr Hans-Ulrich Schroeder, asked for a recess. After a long absence he emerged from his chambers to announce that the Bench had “a health problem”.

Judge Schroeder appealed to the two defence lawyers to be lenient and not to exercise their right to demand a retrial, as the law provides in such cases. The defence did not react immediately: Mr Barke’s tendency to doze off was not uncommon, legal sources said. It was the presiding judge’s responsibility to see that the Bench, consisting of three judges and three lay magistrates, paid attention, they said. Failure to do so was grounds for a motion to restart the entire proceedings.

Facing fraud charges with Heidemann is a Stuttgart antiques dealer, Konrad Kujau, who has confessed to forging the 60 “diaries.”