English Translation

Certified copy C0 -and police court VIII Prague Stl. 452/40. Prague, October 15, 1940. Note. The accused, stating the reasons (Note Bl.6 d.A.) has filed a timely appeal against the criminal order v.26.9.l940. (Bl.5 d. A.). On the basis of this opposition, the investigation was completed and the J-members, who took part on 15.6.1940 in the truck steered by the accused, were heard as witnesses. These confirmed in agreement the information of the accused in his report of 4.lo.l940 (Bl.6 d.A.) and belund in particular that the latter continued his journey only when his roadway was clear to continue. For example, the witnesses confirmed that the traffic light in the eyepiece of the continuation of the journey had already shown on grin or that the transport policeman had cleared the road to the continuation. The witnesses -Anw. W.Beeker and K.E.Brendeke (Bl.8 and Bl. Bl.9 R) again confirm that Rottenführer Holler only continued his journey when a train had already set itself in motion in the same direction, from which it can be concluded that the roadway was already free to traffic. On the other hand, the information incriminating the -Rottenführer R.Holler is based solely on the statement of the two Cschechen J. Moravek and his fellow driver F.Valter. The statements of these two, however, are already to be treated with special intention for the reason that the traffic policeman, who at that time was in charge of traffic at the scene of the accident, has not seen, according to the report of the police delegation (Bl.l d.A.) of an alleged illegal driving of the -Rottenfüherer Holler. It would therefore be unfair to hold a /-Rottenführer to account solely on the basis of the advertisement of two Czechs, especially since all his comrades, who were eyewitnesses of the course at that time, belunden the opposite and according to their statements the g-Rottenführers Holler did not commit any criminal offence.