SIR DAVID MAXWELL-FYFE: It applies to PS and I think it is D, C, L, R and EC.
THE PRESIDENT: Does that certificate then cover this particular sheet of paper which is marked 532-PS, and has on it no other identifying mark?
SIR DAVID MAXWELL-FYFE: Yes. The affidavit proves that that was a document captured from German sources; it gives the whole process—what happens after. I have not troubled the Tribunal by reading it, because as such we submit that it is admissible as a submission. Of course, the matter of weight may vary. I do not want the Tribunal to be under a misapprehension that every document was certified individually; what is certified is, of course, a non-captured document. If a document comes from any of the sources mentioned in Article 21, then someone with authority from his government certifies it as coming from one of these sources and that we do individually. But concerning captured documents, we do not make any individual certification; we depend on Major Coogan’s affidavit.
THE PRESIDENT: Yes, but just a moment. Sir David, it is perhaps right to say in reference to this particular document, 532-PS, or the portion of it which has been produced, first of all that the copy which was put before us did not contain the marginal note, and that it is, therefore, wrong. We are in agreement with your submission that it has been certified, as you say, by Major Coogan’s affidavit, which is admissible; but, of course, that has nothing to do with its weight. That is the point on which Dr. Exner was addressing us.
SIR DAVID MAXWELL-FYFE: So I appreciated it, Your Honor.
THE PRESIDENT: It is a document—being a private document and not a document of which we can take judicial notice—which has not been read in court by the United States or other prosecutors, and it is not in evidence now because it has not been read by M. Dubost.
SIR DAVID MAXWELL-FYFE: Your Honor, with that, of course, I do not desire anything further. That is the ruling of the Tribunal. The only part that I did want to stress was that the PS as such is being verified and, of course, subject to reading it in Court, it could be put in.
THE PRESIDENT: Thank you. We quite understand that.
I ought to say, on behalf of the Tribunal, that we owe an apology to the French Prosecutor and his staff, because it has just been pointed out to me that this marginal note does appear upon the translation and, therefore, M. Dubost, I tender to you my apology.
M. DUBOST: I thank you, Mr. President. The Tribunal will certainly remember that this morning Document Number 1553-PS was set aside, which includes in it bills for gas destined for Oranienburg and Auschwitz. I believe that, after the explanation given by Sir David, this Document 1553-PS may now be admitted by the Tribunal since it has already been certified.