With regard to the three Swiss witnesses, Burckhardt, Brachmann, and Meyer, the interrogatories were granted on the 15th of December and submitted on the 28th of January. The Prosecution considered that the interrogatories were rather on the vague side and suggested that they might be made more precise. The Prosecution have no objection to interrogatories in principle, and I am sure that there would not be much difference between Dr. Kauffmann and the Prosecution as to the form. That applies to the first three witnesses.
THE PRESIDENT: We are informed that none of these three witnesses has been located yet.
SIR DAVID MAXWELL-FYFE: Well, I respectfully agree, My Lord. That is the position of the Prosecution, that we have no objection in principle to these interrogatories, and if we can help the Court in any way to locate the witnesses, we should be glad to do so.
THE PRESIDENT: When were the interrogatories furnished to the Prosecution?
SIR DAVID MAXWELL-FYFE: The 28th of January, My Lord.
THE PRESIDENT: And were the Prosecution’s objections communicated to the Defense Counsel shortly afterwards, or when?
SIR DAVID MAXWELL-FYFE: I am sorry, I am afraid I have not got that date, My Lord.
THE PRESIDENT: Wouldn’t the most sensible course be for the Prosecution to try to agree upon a suitable form of interrogatory whilst the General Secretary is continuing his inquiries to find the witnesses?
SIR DAVID MAXWELL-FYFE: Yes. Well, if Dr. Kauffmann will communicate with me, I have no doubt that we could agree on a form that would be mutually acceptable.
THE PRESIDENT: Very well.