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[Cached Version]
Published on: 3/4/1996
Last Visited: 12/24/2001
Trial of Josef Kramer and Forty-Four Others (The Belsen Trial) edited by: Raymond Phillips, M.C. , M.A., B.C.L. (Oxon.),
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The JUDGE ADVOCATE -- Captain Phillips , the Court ask me to say that they are indebted to you for a very clear and cogent argument and that they have understood it very clearly.They have considered it, but over- rule this application and they will not sever the first charge from the second.That being so, the Court will listen to anything more you have to say."
[Captain Phillips goes on to make an impassioned plea basing himself on Regulation 8 of the Royal Warrant or the Regulations made under the Royal Warrant.]
" All the Defending Officers then made application for separate trials based on Captain Phillips' argument."
[Colonel Backhouse, Counsel for the Prosecution, argues his point at length, ending with:]
[...] I ask the Court to regard the application as a whole as being one which must fall to the ground that there is ample evidence on the summary that there was concerted action by these people at Auschwitz and at Belsen. [...]
"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.Tha means that no accused will be tried separately so far as this trial is concerned."
Not what I would call a "brush-off" at all.