M. DUBOST: As to the question of program, as Dr. Exner pointed out, the custom of providing it has not been established by the Prosecution. No one has ever given it, neither the French Prosecution nor its predecessors. Perhaps I did not attend the session the day the Tribunal requested that the program should be given. In any case I do not remember that the Prosecution was ever requested to do that.
As far as the document book is concerned, it is possible that this book was not handed to the Defense in the form which is before the Tribunal, that is to say, with the pages numbered in a certain order. However, I am certain that yesterday I sent to the Defense Counsel’s rooms the text in German and several texts in French of all the documents which I was to submit today. I cannot assure the Tribunal that they were handed over in the order in which you have them before you, but I am sure that they were sent.
THE PRESIDENT: As to Document 532-PS?
M. DUBOST: I had not begun to read Document 532-PS, Mr. President, so I could not have concealed the fact that there was a handwritten note in the margin.
THE PRESIDENT: Is it a document that had been put in before?
M. DUBOST: I do not believe so, Mr. President. In my dossier there are a certain number of documents which I have not read, as I knew it was the Tribunal’s wish that I should shorten my presentation; and Document 532-PS, which I submitted under Exhibit Number RF-368, is one of those.
THE PRESIDENT: The document, according to Dr. Exner, is a draft of a decree which was presented to Jodl but was not granted by him. Those were his words, as they came through on the translation; and, therefore, he submits that it is not to be considered and there is nothing to show that the document was ever anything more than a draft.
If so, isn’t it clear that it ought not to be received in evidence?
M. DUBOST: This is a question which the Tribunal will decide after having heard the explanation of Dr. Exner. This document did not seem to me of major importance to my presentation, since I did not read from it. In any case, as I did not read it, I could not have hidden from the Tribunal that there was a handwritten note in the margin. It is certain that this handwritten note is an element to be taken into consideration, and on which the Tribunal will base its decision whether Exhibit Number RF-368 should be accepted or rejected, after having heard the explanation of the Defense.