The Phoenix Jewish news., 1963-06-28

I IlC CIldI 3 CD, OC11OF GU w
by any court anywhere in the
world, emerged from a ruling
which found two alleged Israeli
agents guilty of threatening a West
G m n scientist working on
Egyptian rocket development. The
court sentenced Joseph Ben-Gal of
Israel, 33, and Otto Jokelik, AZ, to
two months in prison.
SINCE THE SENTENCE was
made retroactive to the March 2
date of their arrest, the court held
the sentence had been served and
Immediately released them. They
were arrested on charges of
threatening Heide Goercke, daugh-
ter of DR.. Paul Goercke, in an
attempt to force him to quit his
work in Egypt.
Court President Emil Hebelri,
reading the verdict, indicated
the criminal courts agreement
wi VI prosecutor Karl WieIanG
that Ben-Gal was an upright
and honorable man" who did
what he did sout of ardent pa
triOtism." He said further, in
emphasizing Switzerland's Gen.
turies-lOng determined. neutrali-
ty, that while the court under
stood the mOtivatiOns of the two
defendants, it had duty to see
to it that such actions "are not
Anw 90
The indictment of Egypt's war
aims was contained<in the follow
ing paragraph in the court ruling:
"It is found that between Israel
and Egypt reigns an underground
war; it is found that Israel is in
a position where it is vital to de-
fend itself; it is found that import
ant Egyptian statesmen and poll
ticians have not concealed their
views that Israel must be de-
stroyed; it is found that Egypt
plans rocket warfare against Israel
and that the German scientists
play a leading role in these plans
aimed at Israel's annihiliation.
THE COURT STRESSED that it
was mot entitled" to make a
political opinion on Israel-Egyp-
tian differences 'but this political
situation cannot be separated from
the case at hand. 1t is obvious that
under these political circumstan-
ces Israel is sometimes compelled
to take measures that may not be
wholly Legal but Swiss officials
had to make sure they did not
take place in their country.
The court president conceded
that Miss GOercke had made
contradictory statements in her
testimony of meetings with Ben
Gal and JOkelik but excused
them on grounds that such things
happened when there was long
period between an act and testi-
mOny about it. He also said that
both men would be barred from
Switzerland and warned Ben-Gal
not to permit his patriotism to
lead him to accept orders for
similar activities in Switzerland
in the future.
The trial was marked through
out by expressions of understand
ing by court officials of the mo-
tives of the defendants. The de.
fense attorneys-George Brunsch.
Wig for BENGAL and DR.. Karl Sem
for Jokelik-expresSed their appre.
citation in their court statements
In defense of their clients, bott
attorneys hammered hard at the
discrepancies in Miss Goercke' s
testimony as the key prosecution
witness. Both defendants insisted
there had never been any question
of threats in their meetings with
Miss Goercke. BENGAL testified
that he only told Miss Goercke
that "if the Egyptian rocket pro
ject materializes - and / do as.
sumo that the Egyptians would
not keep their rockets in storage
but would use them against Israe
her father would automatically
become a war criminal because oi
his participation in the project"