Ferdinand von Schirach - Terror

Your Honour, Prosecutor, ladies and gentlemen judges: Lars Koch accepts the claims made in the charge. He admits that everything he is accused of happened exactly as it has been described. Yes, the facts are correct. But – and this but is the only thing that matters – it was not murder. The legal conclusions which the prosecution has drawn are wrong.

Presiding JudgeMr Koch, have I understood your Defence Counsel correctly: you accept the external series of events?

DefendantI beg your pardon?

Presiding JudgeThe facts. Are the facts correct of which you are accused in the charge?

DefendantYes.

Presiding JudgeGood. However, we would like to know more about the sequence of events. We would like to hear more from you about your motives. A blanket confession is insufficient.

Are you prepared to answer the questions of the court?

Defence CounselMy client will make no further statement at this point.

Presiding JudgeWhat about later?

Defence CounselWe plan to do so, yes.

Presiding JudgeVery well, as you wish, Counsel. Then let us begin hearing the evidence.

Sergeant, could you please see whether the witness Lauterbach has arrived?

Guard exits.

Guard( calling outside ) Mr Christian Lauterbach…

Presiding JudgeProsecutor, Counsel, as you can see from the list, I have only called this one witness. Because the defendant has already admitted the deed in the preliminary proceedings, it seemed to me that we might dispense with any further witnesses. Of course we can add to the list if you consider this necessary once you’ve heard Mr Lauterbach’s testimony. There will be no need for any formal motions. I will take a generous view of your proposals.

Defence CounselThat would be a first.

Presiding JudgeWhat?

Defence CounselYou being generous.

Presiding JudgeExcuse me?

Defence CounselMy client has been in custody for seven months. You could have released him: you know he’s not a flight risk. You really can’t talk about being generous.

Presiding JudgeI can’t release someone who’s accused of murdering 164 people.

Defence CounselYou could – you just don’t want to…

State ProsecutorGentlemen, please.

Defence CounselThis isn’t about saying please.

Presiding JudgeYou’re being rude, Mr Biegler.

Defence CounselIt’s not about manners either. Being a defence lawyer is not a popularity contest.

The Guard and Lauterbach enter. Lauterbach walks to the witness’s chair, which is pointed out to him by the Presiding Judge. He sits down.

Presiding JudgeGood morning. You are Christian Lauterbach?

LauterbachYes, good morning.

Presiding JudgeMr Lauterbach, I have to start by instructing you as a witness that you are obliged to tell the truth here. You may add nothing and omit nothing. The punishments for false testimony are severe. You can be required to take an oath regarding your statement. Do you understand?

LauterbachYes.

Presiding Judge( to Stenographer ) Instruction completed.

The Stenographer stamps the record accordingly.

Please state your personal details for the record.

LauterbachMy name is Christian Georg Lauterbach.

The Stenographer takes down his personal details.

Presiding JudgeSpeak up a little, please.

LauterbachYes.

Presiding JudgeAnd you go by the name of Christian?

LauterbachYes.

Presiding JudgeYour age last birthday please.

LauterbachI’m forty-nine.

Presiding JudgeWhere do you live?

LauterbachIn Goch. It’s on the Lower Rhine.

Presiding JudgeAre you related to the defendant either by birth or marriage?

LauterbachNo.

Presiding JudgeYour profession?

LauterbachSoldier.

Presiding JudgeAnd rank?

LauterbachLieutenant Colonel.

Presiding JudgeThank you very much.

We have a form here from the Air Force giving their permission for you to testify. According to this you may refuse to ask answer any questions relating to state secrets. Is that correct?

LauterbachThat is the case.

Presiding JudgeIn the event that I or anyone else in the courtroom asks you in the course of this hearing about any state secrets and you are not permitted to answer those questions, you must draw that to our attention. You are not allowed simply to give evasive answers. Do you understand this too?

LauterbachYes.

Presiding JudgeWe are concerned with 26th May last year. Please describe the events of that day from your personal point of view.

LauterbachI was on the duty rota as DC from 1400 hours. That’s the second shift.

Presiding JudgeDC?

LauterbachDuty Controller.

Presiding JudgeAs a matter of principle, Mr Lauterbach: we are in a courtroom here and not in the Air Force. The lay judges have not read the files and we are not all familiar with your terminology. You’re going to have to explain all these military terms to us. What is the task of a Duty Controller?

LauterbachThe DC is an Air Force staff officer. Do you want me to go into the technicalities?

Presiding JudgePlease do.

LauterbachGerman airspace is supervised by NATO. The entire air defence system is under their control. However, if an aeroplane is hijacked in German airspace, NATO’s jurisdiction ends and command is transferred to the so-called National Airspace Security Situation and Command Centre.

Presiding JudgeComplicated.

LauterbachIn future it’s planned to bring everything together under one European agency, but we haven’t got that far yet.

Presiding JudgeI see. So normally NATO watches over our airspace but the national defence system is activated for hijackings.

LauterbachYou can put it that way, yes.

Presiding JudgeWho is employed at this command centre?

LauterbachStaff from the Ministry of Defence, in other words Air Force personnel. They have many years’ experience monitoring airspace.

Presiding JudgeAnd apart from them?

LauterbachThere are also officials from the Ministry of the Interior, Ministry of Transport, Construction and Urban Development and the Federal Office of Civil Protection and Disaster Assistance.

Presiding JudgeHow many people altogether?

LauterbachBetween sixty and sixty-five.

Presiding JudgeAnd where is this command centre located?

LauterbachIn Uedem in North Rhine-Westphalia. Along with the NATO Combined Air Operations Centre.

Presiding JudgeAnd that’s where you were on duty on 26th May?

LauterbachYes.

Presiding JudgeCould you please explain to us precisely how airspace is monitored?

LauterbachWe use both primary and secondary radar. And we also have access to all the data from civil aviation security and state and federal police. We also receive any secret service information relevant to air traffic. All of this is collated to give us an overview of the situation.