This blog has commented previously on the upcoming trial of alleged mass murderer John Demjanjuk – due to start on November 30 in Munich. It is right to ask about the likelihood of an unfair process considering someone else has also been identified as the notorious SS guard “Ivan The Terrible”. This increasingly tenuous trial has hit another setback when it emerged yesterday that it will take place without any eyewitnesses.

Weekly German magazine Focus reported that although 23 witnesses had been named, and five from Russia and Ukraine had been expected, they are long-dead. His defence lawyer Günther Maull told the magazine witness statements had been produced, but added, “The men were questioned 30 years ago – at least in part in the Soviet Union and possibly under pressure. Whether their statements have any value as evidence is questionable.”

Demjanjuk is accused of assisting in 27,900 murders during his time as a guard in the Sobibor concentration camp in what was then Poland, during 1943. He emigrated to the USA after the end of the war, and fought extradition to Germany. His family argued that his ill health should preclude a trial.

He was sentenced to death by an Israeli court two decades ago after he was convicted of being the feared death camp guard known as “Ivan the Terrible” who would hack at naked prisoners with a sword and inflict cruel and sadistic punishments, but that ruling was overturned in 1993 when statements from other guards identified another man as “Ivan.”

So, is justice to be served by going ahead with this trial? It seems that beyond reasonable doubt is being set aside in the name of vengeance…even if it is to be taken against what could be an innocent man.