“20. That up to today I have never spoken to anyone concerning these events.
“21. That due to the termination of the war I consider myself freed from my oath.”
Dönitz’ part in the Athenia episode is described in an affidavit which he has sworn, which is Document D-638, Exhibit GB-220, at Page 102 of the document book. The affidavit was sworn in English, and I invite the Tribunal to look at it and observe the addition in Dönitz’ handwriting of four words at the end of the affidavit, the significance of which will be seen in a moment.
The Defendant Dönitz states:
“U-30 returned to harbor about mid-September. I met the captain, Oberleutnant Lemp, on the lockside at Wilhelmshaven, as the boat was entering harbor, and he asked permission to speak to me in private. I noticed immediately that he was looking very unhappy and he told me at once that he thought he was responsible for the sinking of the Athenia in the North Channel area. In accordance with my previous instructions he had been keeping a sharp lookout for possible armed merchant cruisers in the approaches to the British Isles, and had torpedoed a ship he afterwards identified as the Athenia from wireless broadcasts, under the impression that she was an armed merchant cruiser on patrol. I had never specified in my instructions any particular type of ship as armed merchant cruiser nor mentioned any names of ships. I dispatched Lemp at once by air to report to the SKL at Berlin; in the meantime, I ordered complete secrecy as a provisional measure. Later in the same day or early on the following day, I received a verbal order from Kapitän zur See Fricke”—who was head of the operations division of the naval war staff—“that:
“Firstly, the affair was to be kept a total secret.
“Secondly, the OKM considered that a court-martial was not necessary as they were satisfied that the captain had acted in good faith.