. |
| Opening Speech for
the Prosecution |
| |
| Colonel
Backhouse (cont.) |
If it is
suggested that people were only at Belsen for two days, I would be prepared to
show by evidence that those people did the same thing at other places before
they got there and that they were taking part in this concerted action of
ill-treating those internees. I ask the Court to regard the application as a
whole as being one which must fall on the ground that there is ample evidence
on the summary that there was concerted action by these people at Auschwitz and
at Belsen.
The JUDGE ADVOCATE — There seems to me to be a little
more substance and a little more difficulty for the Court in this application
than the last one. It arises rather out of the wording of the Royal Warrant.
There is no doubt that at this stage of the proceedings there is really no
evidence before you upon which you can judge, and I suppose it must have been
intended that the documents which are now existing would be put before you
— the charge sheet and the abstract. You have to look at those documents,
and the question you have to consider is whether or not you think this is an
alleged war crime which has been the result of concerted action on the part of
a unit or group of persons. If you are satisfied that it is so and treat it as
such, then you must refuse this application. If, on the other hand, you say
that it does not come within that sub-section, then you may consider the
application on its merits. If you decide to reject this application, presumably
some of these accused will be giving evidence themselves in their own case, and
if that is so there will be an opportunity, no doubt, to ask any questions the
Defence may want to put |
| |
| (The Court close and
confer.) |
| |
The JUDGE
ADVOCATE — Captain Phillips, I will address my remarks to you, but they
equally apply to your colleagues who addressed arguments to the Court. The
Court have considered the arguments and they feel that these are cases which do
not fall within Regulation 8 (2) and that they are therefore bound to comply
with the Regulation. That being so, they must refuse the applications. That
means that no accused will be tried separately so far as this trial is
concerned.
(The accused were asked to plead to the first charge and
severally plead Not Guilty.
The accused were duly arraigned upon the
second charge and those concerned all plead Not Guilty.) |
| |
| OPENING
SPEECH FOR THE PROSECUTION |
| |
| Colonel
BACKHOUSE — May it please the Court. Each of the charges in this case are
that when the accused were members of the staff of one or other of these two
concentration camps, and as such responsible for |
| |
| Page 14 |
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