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23 Nov.
45
have established that some of the documents submitted by
the Prosecution yesterday were not quoted in their entirety, nor were
they presented in substance. My question now is: Shall the contents, the
entire contents, of all the documents which were presented to Court form
the basis for the Court's decision, even in cases where the Prosecutor
who presented the documents did not refer to their contents?
In
other words, must we consider all of the documents presented in
Court--including those the contents of which were not verbally referred
to--as a basis for the judgment and, consequently, should they be
examined with a view to determining whether the defendants wish to raise
any objections?
Finally I wish to ask the Tribunal whether the
entire contents of all the documents which were submitted to the Court
yesterday, and which may possibly be submitted in the future, are to be
understood by 'us as a basis for judgment even if the Prosecution does
not present them word for word or in substance or refer to them in any
other way.
THE PRESIDENT: Every document, when it is put in,
becomes a part of the record and is in evidence before the Tribunal, but
it is open to the defendants to criticize and comment upon any part of
the document when their case is presented.
DR. DIX: Thank you.
The question is clarified herewith.
THE PRESIDENT: There are
three announcements which I have to make on behalf of the Tribunal; and
the first is this:
What we propose that the Tribunal shall not
sit on Saturday morning in this week, in order that defendants' counsel
may have more time for the consideration of the documents and arguments,
which have been made up to that time. That is the first matter.
The
second matter is that the Tribunal desires that all motions and
applications shall, as far as practicable, be made in writing, both by
the Prosecution and by the Defense. There are occasions, of course, such
as this morning when motions and applications for the purposes of
explanation, are more conveniently made orally, but as far as
practicable, it is the desire of the Tribunal that they shall be made in
writing, both by the Prosecution and by the Defense.
And the
other matter is an observation, which the Tribunal desires me to make to
the Prosecution, and to suggest to them that it would be more convenient
to the Tribunal and possibly also to the Defense, that their briefs and
volumes of documents should be presented to the Tribunal before Counsel
speaking begins that branch of the case, so that the brief and volume of
documents should be before the Tribunal whilst Counsel is addressing the
Tri-
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