|
|
MEMORANDUM OF THE BRITISH PROSECUTION
ON THE MOTION ON BEHALF OF DEFENDANT
GUSTAV KRUPP VON BOHLEN
British War Crimes Executive
(E.S.)
12 November 1945
To: The International Military Tribunal.
The British Chief Prosecutor has had the opportunity of
considering the application of the Defending Counsel to the accused
GUSTAV KRUPP VON BOHLEN UND HALBACH:
1) that the proceedings against this
accused be deferred until he is again fit for trial;
2) at any rate, that the accused be not tried in his
absence.
The British Chief Prosecutor opposes this
application for the following reasons:
i) The medical position is that as far as
can be foreseen the said defendant will never again be fit for trial,
and therefore if he is not tried in his absence, he will not be tried
at all.
ii) Although in an ordinary case it is undesirable that a
defendant should be tried when he is unable to comprehend the charges
made against him, or to give instruction for his defence, there are
special considerations which apply to this case and make it essential
for the Defendant Gustav Krupp von Bohlen und Halbach to be tried in
his absence.
iii) As this is a case of conspiracy, the British Prosecutor
submits that all the evidence directly concerned with the actions and
speeches of the said defendant and the operations of Fried. Krupp
A.G. would be evidence against the remaining defendants, if the
Prosecution establishes a prima facie case: a) that the conspiracy
existed;
b) that the said defendant was a party to the conspiracy.
Such prima facie case is clearly indicated in the
Indictment lodged with the Tribunal and the evidence against the
present defendant set out in the American Answer to this Application.
iv) If this submission of the British Chief Prosecutor is correct
and this evidence can and will be given in Court, then it is at least
arguable that it is preferable for the said defendant to be
represented so that his lawyer can deal with such evidence to the
best of his ability.
v) It is a matter of common knowledge of which the Court may take
cognisance that the business of Fried. Krupp A.G. is
139
|