FLOTTENRICHTER KRANZBÜHLER: Yes, I did question him; and I called his attention to the contradictions between his affidavit and his testimony here in Court.
SIR DAVID MAXWELL-FYFE: My Lord, I have not read the transcript on this point for about 10 days. But I did read it then, and my recollection is that it was never suggested to the witness Heisig that he gave his affidavit under pressure, which I gather is the suggestion now. Your Lordship will remember that although we had the affidavit, we called the witness Heisig. He said that what was in his affidavit was true; and then he gave his evidence, giving a detailed account of all the relevant matters. So we made it perfectly possible for Dr. Kranzbühler to cross-examine him at the time and to show any differences, as Dr. Kranzbühler just said he purported to do, between the affidavit and his oral evidence.
THE PRESIDENT: Dr. Kranzbühler has just said, I think, that he did actually cross-examine him.
SIR DAVID MAXWELL-FYFE: He did cross-examine him on that point—on any differences that appeared between his affidavit and his oral testimony. But he was here to be cross-examined, and if it is going to be suggested that the affidavit was obtained by improper means, that suggestion ought to have been made at the time, and then it could have been dealt with.
My Lord, I object to its coming in at this stage, after the witness Heisig has been away, and therefore no opportunity has been given to us either to investigate the matter or to have the evidence there, which could have been done when Heisig gave his evidence; and we could have been prepared for any contradictory evidence now.
My Lord, as a matter of strictness, surely, if I may put it that way, there are two distinct lines. If it was a question of whether Heisig’s evidence was admissible or whether it had been obtained under pressure, then it would be quite possible to have this trial within a trial as to whether it was admissible or not. But if this evidence is, broadly, merely directed to the credibility of Heisig’s evidence, then I respectfully submit it falls within the same objections I made on Saturday to general evidence directed against the credibility of a witness.
THE PRESIDENT: I do not think it is suggested that there was any pressure put by the Prosecution upon Heisig. I do not understand that that is what you are suggesting, Dr. Kranzbühler, is it?
FLOTTENRICHTER KRANZBÜHLER: No, no pressure; but the picture as drawn was not true.
SIR DAVID MAXWELL-FYFE: I understood Dr. Kranzbühler—if I misunderstood him, so much the easier—I understood him to say that he wanted to give this evidence as to certain influence. I thought that was the word used.
THE PRESIDENT: I think he meant, not influence exerted by the Prosecution, but exerted by a mistaken notion in the witness’ own mind that he was helping a friend.