SIR DAVID MAXWELL-FYFE: On that point I would like to support Dr. Nelte’s suggestion. If a document has already been put in, I should have thought it was right and convenient that Counsel for the Defense could comment on it without putting it in again, and should have full right of comment.
THE PRESIDENT: I think that I have said on a variety of occasions that any document which has been put in evidence, or a part of which has been put in evidence, can, of course, be used by the Defense in order to explain or criticize the part that has been put in. It may be that as a matter of informing the Tribunal as to the document, it may be necessary to have part of the document, which has not been put in evidence, put in now in order that it may be translated.
SIR DAVID MAXWELL-FYFE: I do not know whether it would be convenient if I indicated to Dr. Nelte the views of the Prosecution on his list of documents, or whether he would like to develop it himself. I can quite shortly do that if it would be convenient.
THE PRESIDENT: I think it would shorten things if you would.
SIR DAVID MAXWELL-FYFE: A considerable number of the documents in the list fall into that category which has just been mentioned. Documents 3 to 9, 17 and 29, 30 and 31 all appear to be in, and therefore Dr. Nelte may comment in accordance with your ruling.
Then there are a number of documents which are affidavits, either of defendants or intended witnesses: Documents 12, 13, 22, 23, 24, 25, and 28.
The Tribunal may remember that in the case of the witness, Dr. Blaha, my friend, Mr. Dodd, adopted the practice of asking the witness, “Is your affidavit true?” and then reading the affidavit to save time. The Prosecution have no objection to Dr. Nelte’s pursuing that course, should he so desire; but, of course, where a witness is going to be called as a witness, he will have to verify his affidavit on oath, in the submission of the Prosecution.
THE PRESIDENT: One moment. You mean that, if the witness is here, you have no objection to Dr. Nelte’s reading the affidavit and the witness being then liable to cross-examination?
SIR DAVID MAXWELL-FYFE: The witness will say, “I agree; I verify the facts that are in my affidavit.”
THE PRESIDENT: Yes.