SIR DAVID MAXWELL-FYFE: Yes.
[A recess was taken.]
THE PRESIDENT: The Tribunal has carefully considered Dr. Siemers’ application and it has decided that the passage to which he objects and which he asks the Tribunal to strike out in the affidavit of Walter Kurt Dietmann shall not be struck out in view of Article 19 of the Charter. The passage contains an opinion only, and the Tribunal will consider that opinion in relation to the whole of the evidence when it is before the Tribunal and will decide at that time the probative value of this opinion as well as the probative value of the other evidence.
DR. SIEMERS: Then I just have...
THE PRESIDENT: Dr. Siemers, may I remind you that you told us that your re-examination would take, you hoped, about half an hour?
DR. SIEMERS: Yes, Mr. President, I shall conclude very shortly.
[Turning to the defendant.] Admiral, in connection with this Commando decree which we discussed a good deal, Sir David yesterday put a case to you regarding the attack on the ship Tirpitz. In this connection I should like to ask you: Do you recall that in the testimony of Wagner there was the question of a British sailor named Evans?
RAEDER: Yes.
DR. SIEMERS: And do you recall also that, according to the affidavit of Flesch, Number D-864, GB-457, Flesch declared, “I am unaware of the fact that Evans wore a uniform”?
RAEDER: Yes.