WHEN KAT WOKE up the next morning, she was surprised to see Genya up and dressed. "You're not wearing a uniform to school today?" Kat asked.
"I'm going to the hearing," replied Genya. "Dido's testifying today, isn't he?"
It was as if they were almost a family again, thought Kat as the four of them walked into the hearing room. If only her father were here. She surveyed the audience and noticed that there were more people than usual sitting on the plaintiff's side. On Danylo's side, Kat was delighted to see several familiar faces. In addition to Michael, both Ian and Lisa were there, as well as Lisa's father and grandmother. Danylo's friends from the Ukrainian community were also out in full force. In fact, there were so many people that some of them ended up sitting in the last row on the plaintiff's side. Genya sat between Kat and Orysia in the front row of the defendant's side.
When Danylo took the stand, he wore a brilliantly white starched shirt under his grey suit. Kat had expected his face to be pale and his hands to tremble, but she was wrong. Her grandfather looked full of anticipation. As if he were finally being given the opportunity to set the record straight. For his sake as much as hers, she hoped that was possible. She glanced over at Genya, and noticed her sceptic's demeanour: arms crossed and brow furrowed.
Kat looked back at her grandfather on the stand. He nodded courteously towards the people who had come to support him.
Step by step, Mr. Vincent took Danylo through the fateful years between 1939 and 1945. She listened in awe as he described how his position with the auxiliary police had been planned from the beginning by the organizers of the resistance. He hadn't gone from policeman to fighter: he had been a patriot all along. As Danylo spoke, Kat watched Genya's demeanour from the corner of her glasses. Slowly the arms uncrossed and the brows unfurled. Almost imperceptibly, Genya began to sit a bit straighter in her seat. It was as if she were no longer ashamed of her grandfather. Could she even be a little bit proud? wondered Kat.
"Mr. Feschuk," said Mr. Vincent. "Why did you and your fellow auxiliary police wait until the winter of 1942–43 to defy the Nazis?"
"How do you rebel with no strength?" asked Danylo. "We had no government, no weapons, no organization."
As soon as the Nazis arrived, Kataryna and the others had fled to the forest. She knew she was safer there than in the village because the Germans lost their way each time they came there. But Kataryna and her friends could not fight the Nazis yet, they could only hide. They had no weapons. They had no military training. While Kataryna and her friends prepared the forests with bunkers and hideouts, other resistance fighters stayed in Orelets and let the Germans think they were on their side. How else to steal weapons and information?
"Mr. Feschuk," said Mr. Vincent. "On a single day in February, 1943, three thousand Ukrainian auxiliary police suddenly turned on their German superiors and killed them, and then all three thousand fled to the woods. Why was that particular time chosen for a mass revolt?"
"The leaders of the Ukrainian underground initially wanted us all to wait just a little bit longer. Our undercover members were a key source of information on German movements. However, when the villagers in Volhyn refused to provide any more slave labourers for the Ostarbeiter program, the Germans initiated even more brutal reprisals."
"What would they do?" asked Mr. Vincent.
"By the fall of 1942, the Germans were burning down whole villages."
"How many times did this happen?" asked Mr. Vincent.
"In all of Ukraine, the Germans exterminated every single person in 459 villages. They burned down 28,000 villages. We knew that if we rebelled in an uncoordinated way, the Germans would accelerate their rampage," explained Danylo. "So we had to wait until the time was exactly right."
"And when did that happen?"
"When we had stolen enough weapons, and when most of the population had prepared refuge in the forests and in underground bunkers. Had they not been able to hide when we rebelled, the Enzattzgruppen would have come in and murdered them all."
In his mind's eye, Danylo relived that fateful day.
Danylo's nostrils flared at the distant smell of fire. He stepped out of the police station and scanned the horizon. Smoke was billowing from three distinct spots. Had the Nazis locked yet more villagers into churches and then set them on fire? How many times could they do this and still get away with it? Who would be left in Ukraine by the time they were done?
Just then, Myroslaw appeared beside him. "The time has come," he whispered.
Danylo had been waiting for this moment. He and Myroslaw quickly told the others and then they retrieved a small stash of rifles. Most of the weapons that they had stolen were already in the forest, but they had kept one automatic rifle each hidden in the latrine.
It was early in the morning, and so the black uniformed SS officer was still sitting in the kitchen sipping a second cup of tea. Myroslaw, Danylo and the others burst through, and without warning, shot him dead.
Petro Manchuk, the traitor, had not been with the officer, and he had not reported for duty yet that day. Danylo saw Myroslaw leave the police building, rifle in hand, walk towards Manchuk's house. Moments later, Danylo heard gunshot, and then he saw Myroslaw walk briskly back up the street.
"It is done," he said. "Now we must get the rest of the villagers into the woods before the killing units arrive."
Kat listened to this testimony in wonder. She could almost smell the fire from the villages.
Mr. Vincent paced back and forth in front of Danylo. "You mention that there were some auxiliary police who did collaborate with the Nazis, and that some of these men hurt civilians."
"That is correct," replied Danylo.
"Did any of these men join the Ukrainian Insurgent Army, the UPA?"
"Some tried," replied Danylo.
A ripple of murmurs filled the courtroom. Danylo's mind flashed to the past.
A clearing in the heart of the forest. A firing squad standing at attention. In front of them, stands Commander Krymka. One soldier, hands tied, is brought forward.
"You have been sentenced to death for crimes against civilians," states the commander.
The man is offered a blindfold, but he refuses. He faces the firing squad, and is executed.
"Mr. Feschuk," said Mr. Vincent. "Was the UPA only for Ukrainians?"
"Most UPA members were Ukrainians," answered Danylo. "But there were Hungarians, Jews, Poles, and Russians. There were also Germans. The one thing we had in common was a love of freedom. Freedom is more precious than gold."
"One more question," said Mr. Vincent. "Did immigration authorities ever ask what you did during the war?"
"No, they did not," replied Danylo.
"Thank you," said Mr. Vincent. "No more questions."
Mrs. Caine stood up. "Mr. Feschuk," she said. "Were you forced to become an auxiliary police officer?"
Danylo looked confused.
"Let me rephrase my question," she continued. "If you hadn't become an auxiliary police officer, would you have been sent to Germany as an Ostarbeiter?"
"I may have been," said Danylo. "Or I may have been shot, or hanged, or burned to death like other Ukrainians. Or I may have been put in a concentration camp like other Ukrainian patriots."
"So basically, you collaborated with the Nazis to avoid harsh treatment."
"Madame," said Danylo. "I did not collaborate, I infiltrated."
"And by doing so, you survived."
"Had I been caught as an infiltrator by either the Nazis or the Communists, Madame, I would have been executed."
She regarded him sceptically, but abandoned the line of questioning. Mrs. Caine paced in front of Danylo for a moment or two, as if trying to think of a diplomatic way to phrase her next question. "Mr. Feschuk," she said. "Did the UPA turn away some Jews who had escaped the Nazis and fled into the woods?"
"You are correct, Madame," replied Danylo. "There was much distrust between Jews and Ukrainians when the Germans first arrived. Ukrainians associated Jews with the Communists, and Jews associated Ukrainians with the Nazis. We were both wrong."
There was a ripple of outraged whispering from both sides of the audience. "Order!" said the judge. The silence was immediate.
"No more questions," said Mrs. Caine.
Kat sat back. That was it? No more questions? It was clear to Kat that her grandfather had not collaborated with the Nazis.
Mrs. Caine gave her final summary. "It is clear that Danylo Feschuk collaborated with the Nazis in his role as an auxiliary police officer in Orelets between 1941 and 1943," she began. "It is also probable that Mr. Feschuk did not mention to immigration authorities that he had collaborated with the Nazis. Had he done so, he would not have been allowed to become a Canadian citizen. Therefore, he obtained his citizenship by fraud. It is my recommendation to this court that Mr. Feschuk's citizenship should be revoked, and that he should be deported from this country."
Kat sat there, stunned at Mrs. Caine's view of the situation. There was a ripple of murmurs in the audience, some approving what she said, and others not.
The judge banged his gavel. "Order," he said. Then he regarded Mr. Vincent. "The summary for the defence."
Mr. Vincent stood up. "This court has listened to countless experts and countless witnesses, and yet not a single piece of evidence has been brought forward to show that Mr. Feschuk collaborated with the Nazis."
Kat glanced over at Genya and noticed that her sister was listening intently.
"Additionally, there has been no evidence brought forward to show that Mr. Feschuk lied to immigration officials. Indeed,
why would he lie? Being an auxiliary policeman in Ukraine was not a prohibited category.
"Given the fact that there is no evidence of criminality, and given the fact that there is no evidence that the defendant lied during immigration proceedings, I have to wonder why this case was brought forward in the first place?"
Mr. Vincent's final statement stuck in Kat's mind: "Imagine yourself as a teenager in a Canada with no government, no army, no weapons," said Mr. Vincent. "Now imagine that the Russian army and navy and air force attacks on one front, and the American army and navy and air force attacks on another. What would you do? Would you do what Danylo did when he was a teen? Would you fight for your country as he did?
"Mrs. Caine asked a question earlier on. She asked, 'if a man betrays the country of his birth, what stops him from betraying his country of adoption?' The reverse is true too: if a man fights for his country of birth, he is the kind of man who will fight for his country of adoption. Mr. Feschuk has earned the right to call himself a Canadian."
Kat looked over to Genya. Their eyes met. Kat saw that her older sister's eyes were wet with tears.
Then the hearing was over. Kat breathed a sigh of relief; her grandfather was clearly innocent.
"I will review the evidence before me," said the judge. "I hope to have a decision soon. The court is adjourned."
As people filed out silently, two people stayed behind from across the aisle: the protester, and the girl with the hair clip. They waited until most of Danylo's supporters had left and then they walked up to Danylo and his family.
The protester looked troubled and agitated. She held out her hand to Danylo, and he grasped it gently.
"I survived the Holocaust," the woman said. "And what I remember is being led away at gun point by the Nazis, while the Ukrainians looked on. They did nothing to save us."
Danylo understood how her memories could be shaped that way.
"What I realize now is that the Ukrainians were as helpless as the Jews." Tears welled up in the woman's eyes. "My name is Sarah Goldman," she said. "And this is my granddaughter Carol."
The teen stepped forward and shook Danylo's hand and then she looked at Kat and smiled.
Throughout this exchange, Danylo's supporters had listened in silence. Dr. Nguyen stepped beside Danylo and placed a hand on his shoulder. Ian and Lisa were close behind.
"Mr. Feschuk," said Dr. Nguyen. "I would like to invite you to a get-together at our house tonight."
Danylo turned to Dr. Nguyen in gratitude.
"Yes," said Lisa, stepping forward. "A potluck. All these people here," she motioned with her hands to show Danylo's friends and supporters, Mrs. Goldman and her daughter, "are invited too."