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on the subject. This expert opinion refers to the question of the
Vorstand and of the Aufsichtsrat. I assume that you will welcome it if I do not
read this statement and only ask you to take judicial notice of it.
PRESIDING JUDGE SEARS: We will consider it in the usual way of a
learned opinion on a question of German law.
DR. DIX: There is a short
introduction to this expert opinion by myself. This again I shall not read.
These notes were made because I had asked my colleague Schmidt to keep his
statement as brief and as condensed as possible. The result was that on one
point the text may be misleading for anybody who does not know the German law.
In order to counteract this danger of misunderstanding I have added those short
introductory notes. That is all I want to say to enclosure 1. Then there is enclosure 2, the reasons for which are
the following:
I was in the happy position of finishing my evidence
very early, since I was the first one to present evidence. Therefore, I did not
have to use the translation department at the end of the proceedings.
Therefore, these written manuscripts of my final plea were finished very early,
that is, even before the producing of evidence had been concluded, indeed, even
before my last document book was presented here. Now this, my industry, as
every other virtue, has some disadvantages. Some documents were ruled out,
among those were some which I wanted to present. However, I had already
mentioned them in the notes of my final plea, so I had to cross them off and
make some other similar amendments. Now these amendments and deletions you will
find in my second enclosure.
Apart from that I was in a position to
read through the English wording and I found some faults, which in some
respects, misrepresented the sense. These corrections too are mentioned in the
second enclosure. However, I cannot guarantee that my knowledge of the English
language was sufficient to find all mistakes and therefore I would be grateful
to the interpreter if she would correct any mistakes which may occur as she
goes along.
This is what I would like to say about that part of my
final plea which I am not going to read out. Now in my written final plea,
there is not one word about the reasons for the motions which we have put on
and filed at the end of the case-in-chief. Originally it was not my intention
to discuss these motions and their reasons in my final plea.
However,
since General Taylor in his closing statement, not only orally, but also in
writing, has referred to these motions, I would |
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