SIR DAVID MAXWELL-FYFE: Since our last discussion, of course, we have been trying to get this procedure going. Dr. Dix has met Mr. Dodd and me on the Schacht documents, and I understand that other learned Defense Counsel are making arrangements to meet various members with regard to theirs. But before this time, before the matter arose sharply on the Ribbentrop documents, there had not been any discussion with Counsel for the Prosecution. That is the position.
THE PRESIDENT: But what I am pointing out is that that was because the Prosecution were not carrying out the rule of the 8th March 1946. It may have been impossible to carry it out, but they were not carrying it out.
SIR DAVID MAXWELL-FYFE: I do not know exactly how Your Lordship means, “The Prosecution were not carrying it out.”
THE PRESIDENT: Both the Prosecution and the Defense, I suppose; because the application which came to us after the ruling of 8 March 1946 was made on behalf of the Prosecution that they had such difficulties in getting translations for the documents that they proposed another ruling.
SIR DAVID MAXWELL-FYFE: I am sorry, My Lord, if we have not carried it out. It is the first time that anybody suggested this to me...
THE PRESIDENT: I do not mean to criticize you.
SIR DAVID MAXWELL-FYFE: We all have taken immense trouble. Everyone co-operated in every way. I was not aware that we were at fault; I am very sorry if we were.
THE PRESIDENT: I do not mean that, Sir David, but I think there was a difficulty in carrying this out, and I think there was a proposal that the rule should be varied. I will look into that and see whether I am right about it. I remember seeing such an application, and then we had the subsequent discussion in open court in which we decided to adhere to this rule of 8 March; and no doubt this difficulty has arisen, as you pointed out, because of the Rosenberg documents’ having been processed before.
Probably the best course would be now...
[There was a pause in the proceedings while the Judges conferred.]