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Parent The Defence motion for the entry of an order nunc pro tunc. (paper No. 1576)
Date 8 March 1948
Language English
Collection Tavenner Papers & IMTFE Official Records
Box Box 6
Folder General Reports and Memoranda from March 1948
Repository University of Virginia Law Library
MEMORANDUM Tokyo, March 8, 1948 TO: Mr. Frank S. Tavenner, Acting Chief of Counsel. FROM : Major-General A.N. Vasiliev, Associate Prosecutor from the U.S.S.R. SUBJECT : The Defence motion for the entry of an order nunc pro tunc.( paper No. 1576 ) Defense Counsel Ben B. Blakeney moved the Tribunal for the entry of an order hunc pro tunc admitting into evidence two maps of Mongolia (the area of Halombair) taken from unofficial books. After the matter was argued in Chambers on March 3, 1948 Mr. President ruled that "It would be a matter that the Court itself would have to determine in the absence of agreement. I will put the matter before all the Judges" As it was not clear whether the matter would be consi¬dered in open court or at a closed conference of the Judges we request that you call the attention of the Tribunal to the following considerations of the Prosecution about the inadmissible attempt of the Defence to change the usual course of the proceedings. Neither the formal grounds nor the probative value of the documents which the Defence desire to offer in evidence warrant the change in the presentation of evidence and the unprecedented continuation of the Defense case in chief during the Defence summation. When the Defence presented the affidavit of the witness Yano Mitsuji we objected to the presentation in evidence of both maps taken from the books mentioned in his affidavit (T. 22991). One of these books, a book entitled "Halombair", exh. 2652, marked for identification only, was written by an anonymous author and it is not known where and when it was published. Only on this ground, this book cannot be received in evidence as it is an anonymous document having no authenticity whatsoever. (See the affidavit, T. 22995)