DR. DIX: Of course, I cannot make any statement on the views of my colleagues, since I cannot read their minds. All I can say at the moment is that I will recommend to my colleagues, as unusually helpful and practical, the kind of conversation which I had the honor of having with Sir David yesterday. Personally, I think that my colleagues too will agree to this procedure unless there is any particular objection to it, which is, of course, always possible. I cannot say any more at the moment.
THE PRESIDENT: You understand what Sir David was suggesting, that such a conversation should apply not only to documents but also to witnesses and if you could indicate rather more fully than you do in your applications what the subject of their evidence was going to be, possibly the Prosecution might be able to say in those circumstances that upon those matters they should not propose to dispute the evidence and therefore it might be incorporated in an affidavit?
SIR DAVID MAXWELL-FYFE: My Lord, if Your Lordship allows me to interject, if they care to bring a statement on a particular witness’ testimony, the Prosecution would, I am sure, in many particulars be prepared to say, “Well, you produce that statement on that point and we will admit it, without any formality.”
THE PRESIDENT: Perhaps, Dr. Dix, you and the other counsel for the defendants could consider that matter.
DR. DIX: I have understood it to be exactly as Your Lordship has just stated it. I discussed both the witnesses and the documents with Sir David and that was very helpful; and in that sense I will...
THE PRESIDENT: If that is all we need do at the moment, then...
SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, yes.
THE PRESIDENT: Then the Tribunal will adjourn.