71651-41PENSIONER Helmut Hermann has been waiting a year for justice after an Embassy official who he says attacked him claimed diplomatic immunity.

Mr Hermann's solicitor says if the perpetrator had been a security guard for anyone other than an embassy, a claim for compensation would be more likely to be successful.

The issue of diplomatic immunity gained national prominence this week when former Home Office Minister Barbara Roche urged the Saudi government to waive the diplomatic immunity of an official accused of a sex attack on an 11-year-old girl.

German-born Mr Hermann, 69, from Eldene in Swindon known to his friends as Fritz travelled to the German Embassy in Belgravia, London, in an attempt to speed up the renewal of his passport in June 2003.

The retired engineering worker, who was born near Frankfurt and moved to Britain in 1948, had booked a holiday with his Irish-born wife, Mary, 72, a few weeks later.

But the travel plans had to be cancelled after Mr Hermann says he was pushed to the floor and had his foot trapped in the front door of the Belgravia building. He then spent seven weeks in plaster.

He said: "I wanted a passport form but was told the embassy was closed and I'd have to come back the next day.

"The man just kept repeating the opening hours times like a parrot. I did get annoyed but the next minute the man pressed a button and a big man appeared. He hit me and I fell on the concrete. I tried to get up, but I was knocked on to the flat of my back three times.

Mrs Hermann a retired hospital ward sister watched in horror.

She said: "Fritz suffers from both angina and diabetes and, for an instant, I thought he was going to die. They (the German Embassy) did not seem to care about his welfare which upset me because he is one of their own nationals."

Mr Hermann was laid up for three months with his injuries, which included two fractured bones in his right foot and severe bruising to his ribs. He still walks with a limp.

He is infuriatated that the person who pushed him has not had to account for his actions.

He said: "Despite all our efforts, the German Embassy has refused to waive the diplomatic immunity of this man. The Metropolitan Police are powerless to do anything and my solicitor says there is little that can be done without the embassy's cooperation."

Article 31 of the 1961 Vienna Convention extends immunity from criminal proceedings for diplomats. However, immunity can be waived.

Mr Hermann's solicitor, Laura Merry of Thring Townsend, said: "In addition to considering a criminal injuries compensation claim we tried to pursue a civil claim. We were unfortunately unable to proceed as the embassy was not prepared in this case to waive its diplomatic immunity."

A German Embassy spokesman said there was no information on the incident to hand and could not comment.

Catherine Turnbull