Ferdinand von Schirach: Terror

LauterbachThat Major Koch would shoot.

State ProsecutorAnd why could you imagine that, Mr Lauterbach?

LauterbachBecause…

State ProsecutorCould it possibly be because you yourself would also have shot the plane down?

LauterbachNo, I don’t know…

( To the Presiding Judge .) Do I have to answer that question?

Presiding JudgeWell, I can’t see how you might incriminate yourself by giving a truthful answer.

LauterbachWhat?

Presiding JudgeYou do have to answer the question.

Lauterbach( to the State Prosecutor ) I don’t know.

State ProsecutorPerhaps I can help you, Mr Lauterbach. Are you aware that the Minister of Defence at the time of the Federal Constitutional Court’s ruling said he would still order hijacked planes to be shot down?

LauterbachHmm.

State ProsecutorYes or no?

LauterbachI am aware of that remark, yes.

State ProsecutorDefence Minister Jung said, and I quote: ‘In the interim period we would intervene by declaring an extra-legal state of emergency.’

LauterbachYes, I did read that.

State ProsecutorWas that discussed within the team?

LauterbachOf course. It was the topic of discussion.

State ProsecutorThe topic of discussion?

LauterbachEveryone in this unit is constantly thinking about what is going to happen in the event of Renegade.

State ProsecutorAnd do you also remember the Defence Minister saying that the only pilots who would be selected were those prepared to shoot down a plane in an emergency?

LauterbachI am also aware of that.

State ProsecutorSo was that ultimately the reason? Was that why no one thought of evacuating the stadium?

Lauterbach shakes his head.

Think this through one more time. You were sure how Major Koch would react, weren’t you?

LauterbachI don’t know what to say. I’m not prepared for that question.

Presiding JudgeThe truth would be helpful.

LauterbachI… assume that most of my colleagues would act precisely as Major Koch did. Yes. I too would probably have shot down the Lufthansa aircraft.

State ProsecutorThere we are.

LauterbachWhat are you getting at?

State ProsecutorSo not evacuating the stadium was a gamble, Mr Lauterbach.

LauterbachI beg your pardon?

State ProsecutorYou were gambling. You gambled the lives of 70,000 people on the defendant’s decision.

LauterbachThat’s cynical.

State ProsecutorCynical? Why is it cynical?

LauterbachI assure you I was not gambling.

State ProsecutorMr Lauterbach, if you had had the stadium cleared, none of the spectators would have been in danger. But evidently you didn’t want to do that.

LauterbachFor God’s sake – I didn’t want to do that?

State ProsecutorYes, if we’re being honest, at that point you were certain that things would turn out differently. That the defendant would shoot. And that is precisely the gamble you took.

LauterbachI can only repeat…

State ProsecutorThere’s no need. It’s already clear: it wasn’t a calculation, 164 lives against 70,000 lives…

Defence CounselThat is enough. The witness here is not the accused. I move…

State ProsecutorI’ll put it another way. Mr Lauterbach, imagine there was no rapid reaction force.

LauterbachThis is getting confusing now.

State ProsecutorJust imagine that for a moment.

LauterbachYes.

State ProsecutorAll you had was the terrorist’s words on the radio. What would you have done then?

LauterbachI don’t know…

Now I understand. You think someone would have –

State Prosecutor – ordered –

Lauterbach – the stadium to be cleared.

But that’s a completely different situation.

State ProsecutorIs it?

LauterbachI mean… I think…

State ProsecutorThank you. No further questions.

Presiding JudgeCounsel, do you have any questions?

Defence CounselOnly three.

Presiding JudgeGo ahead.

Defence CounselWere you personally responsible for evacuating the stadium?

LauterbachNo, that was the Bavarian emergency services.

Defence CounselWas the defendant responsible for evacuating the stadium?

LauterbachOf course not.

Defence CounselThe stadium was full as the Lufthansa aircraft approached. Could the defendant do anything to change that

LauterbachNo.

Defence CounselThank you. That should be made clear. No further questions.

Presiding JudgeVery well. Are there any motions to place the witness under oath?

Both State Prosecutor and Defence Counsel shake their heads.

( To Lauterbach .) Then you are discharged as a witness, Mr Lauterbach. The court thanks you for your testimony.

LauterbachExcuse me, but where do I hand in the form for witness compensation? Today’s my day off.

Presiding JudgeCome here. Let me see that.

Lauterbach goes to the judge’s desk and hands the Presiding Judge a form. The Presiding Judge skims through it, looks at the clock on the courtroom wall, signs it and hands it back to Lauterbach.

There you are.

LauterbachThank you.

Presiding JudgeTake that to room 332b, it’s down the corridor, the fourth door.

LauterbachThank you very much.

Lauterbach exits.

Presiding JudgeNow, Counsel, is your client prepared to answer further questions from the court?

Defence CounselYes.

Presiding JudgeMr Koch?

DefendantI’ll try.

Presiding JudgeGood, then please step forward and take the witness’s chair. It will be easier to hear you that way.

The Defendant walks up to the witness’s chair and sits down.

Of course you may pause in your answers at any point to speak to your Defence Counsel.

DefendantFine.

Presiding JudgeWe will start with some biographical details, Mr Koch. You are your parents’ first child?

DefendantYes, I have one sister who is three years younger.

Presiding JudgeWhat were your parents’ professions?

DefendantMy father was also in the Air Force. After reunification he became a staff officer in the press department at the Ministry of Defence. My mother is a bookseller. After I was born, she stayed at home. She was a housewife and mother.

Presiding JudgeYou were born in Freiburg and attended school there?

DefendantYes, kindergarten, primary school and grammar school, all in Freiburg.

Presiding JudgeI have your school-leaving certificate here. You attained the top grade in every subject. Your class teacher adds that in Mathematics you even got the highest mark in the state of Baden-Württemberg.