Lauterbach All of them.
State Prosecutor There’s no need to repeat everything I say. I just want to know why nobody ordered the stadium to be cleared.
Lauterbach That… that…
State Prosecutor Was it perhaps the case that you and your colleagues were quite simply certain?
Lauterbach Certain? Certain about what?
State Prosecutor Certain that Major Koch would shoot the plane down.
Lauterbach No.
State Prosecutor I’ll ask you again: was it not the case that the only reason you did not evacuate the stadium was because you knew that if the worst came to the worst the defendant would shoot?
Lauterbach No.
State Prosecutor No? Think again before you answer. You can be put on oath here – as the Presiding Judge has already reminded you.
Lauterbach Yes, possibly.
Presiding Judge Speak up a little please. The acoustics in this room are very poor.
Lauterbach I could imagine that.
State Prosecutor What exactly could you imagine?
Lauterbach That Major Koch would shoot.
State Prosecutor And why could you imagine that, Mr Lauterbach?
Lauterbach Because…
State Prosecutor Could it possibly be because you yourself would also have shot the plane down?
Lauterbach No, I don’t know…
(To the Presiding Judge.) Do I have to answer that question?
Presiding Judge Well, I can’t see how you might incriminate yourself by giving a truthful answer.
Lauterbach What?
Presiding Judge You do have to answer the question.
Lauterbach (to the State Prosecutor) I don’t know.
State Prosecutor Perhaps 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?
Lauterbach Hmm.
State Prosecutor Yes or no?
Lauterbach I am aware of that remark, yes.
State Prosecutor Defence Minister Jung said, and I quote: ‘In the interim period we would intervene by declaring an extra-legal state of emergency.’
Lauterbach Yes, I did read that.
State Prosecutor Was that discussed within the team?
Lauterbach Of course. It was the topic of discussion.
State Prosecutor The topic of discussion?
Lauterbach Everyone in this unit is constantly thinking about what is going to happen in the event of Renegade.
State Prosecutor And 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?
Lauterbach I am also aware of that.
State Prosecutor So 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?
Lauterbach I don’t know what to say. I’m not prepared for that question.
Presiding Judge The truth would be helpful.
Lauterbach I… 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 Prosecutor There we are.
Lauterbach What are you getting at?
State Prosecutor So not evacuating the stadium was a gamble, Mr Lauterbach.
Lauterbach I beg your pardon?
State Prosecutor You were gambling. You gambled the lives of 70,000 people on the defendant’s decision.
Lauterbach That’s cynical.
State Prosecutor Cynical? Why is it cynical?
Lauterbach I assure you I was not gambling.
State Prosecutor Mr 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.
Lauterbach For God’s sake – I didn’t want to do that?
State Prosecutor Yes, 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.
Lauterbach I can only repeat…
State Prosecutor There’s no need. It’s already clear: it wasn’t a calculation, 164 lives against 70,000 lives…
Defence Counsel That is enough. The witness here is not the accused. I move…
State Prosecutor I’ll put it another way. Mr Lauterbach, imagine there was no rapid reaction force.
Lauterbach This is getting confusing now.
State Prosecutor Just imagine that for a moment.
Lauterbach Yes.
State Prosecutor All you had was the terrorist’s words on the radio. What would you have done then?
Lauterbach I 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 Prosecutor Is it?
Lauterbach I mean… I think…
State Prosecutor Thank you. No further questions.
Presiding Judge Counsel, do you have any questions?
Defence Counsel Only three.
Presiding Judge Go ahead.
Defence Counsel Were you personally responsible for evacuating the stadium?
Lauterbach No, that was the Bavarian emergency services.
Defence Counsel Was the defendant responsible for evacuating the stadium?
Lauterbach Of course not.
Defence Counsel The stadium was full as the Lufthansa aircraft approached. Could the defendant do anything to change that
Lauterbach No.
Defence Counsel Thank you. That should be made clear. No further questions.
Presiding Judge Very 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.
Lauterbach Excuse me, but where do I hand in the form for witness compensation? Today’s my day off.
Presiding Judge Come 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.
Lauterbach Thank you.
Presiding Judge Take that to room 332b, it’s down the corridor, the fourth door.
Lauterbach Thank you very much.