Fourth Directions Hearing

Federal Court of Australia, Sydney-Adelaide video link

20 September 2007

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- in an attempt to silence those who refuse to believe in the Jewish Holocaust-Shoah. The importance of this legal battle rests on a simple fact: the enforcing of the Holocaust-Shoah belief is a direct attack on our civilization’s basic values – TRUTH and HONESTY.

This is a brief Update on the action begun in the Federal Court of Australia – FCA – in 2001, originating before the Human Rights and Equal Opportunity Commission in 1996, then taken for enforcement to the FCA. In both instances Fredrick Töben remained legally unrepresented because he could not find any legal person willing to act on a pro bono basis – free. Mrs Olga Scully in Launceston, Tasmania did likewise, and as expected, was found >guilty<. She was billed for about $150,00 legal costs. Fortunately for her she had declared herself bankrupt before the action had begun in the FCA. Töben is luckier – he has nothing to lose! He has been living in a friend’s house in Adelaide since 1994 – and does not have to pay any rent!

The current Contempt of Court action was originally set down in the FCA, Sydney, for 5 December 1006, but on account of Töben being in Teheran, Iran, it was adjourned until his return in January 2007. A number of directions hearings followed until the FCA made use of Rule 80 that permits a judge to ask a barrister to act in a pro bono capacity for the Defendant.

The latest directions hearing was set down at 9:00 AM, Thursday, 20 September 2007, with Justice Moore and Applicant Jeremy Jones’ Defence Counsel in the FCA, Sydney, and appearing via video link in the FCA, Adelaide, Respondent Fredrick Töben and Defence Counsel, Barrister Paul Charman.

In the past, and since the action began in the FCA in 2001, Fredrick Töben had the privilege of sitting at the Bar Table because he was then representing himself. He is now able to sit behind his Counsel and watch as Mr Charman does battle for him.

The main points arising out of the directions hearing:

1. Statement of Charge needs to be amended, i.e. it is alleged that Töben is in breach of the 2002 Court Order. The evidence comes from 144 items taken from Adelaide Institute’s website on 16 August 2006. It was conceded that in order to make out a defence, it is necessary for the Applicant to specify when the items were placed on the website, and whether they were published or merely re-published.

2. A defence argument can be made out that there has been a delay of over four years before this current action was begun, and this may constitute an abuse of process.

3. The trial dates of Monday-Tuesday 24-25 September 2007 are vacated and new dates – 27-28 November 2007 – have been set down for a hearing of this matter.

4. The matter will commence at the Federal Court of Australia, Adelaide, on 27 November 2007 at 10:15 AM.

5. Though legal proceedings have been set down to be heard on a specified date, matters may still be subject to change. However, anyone who wishes to attend is cordially invited to visit the beautiful City of Adelaide – but beforehand go to Adelaide Institute’s website for any update information, or contact Fredrick Töben on Mobile: 04170 88217.

Fredrick Töben standing at the Bar Table during one of his numerous Sydney FCA appearances

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Fredrick Töben comments: Here is a letter I wrote to Justice Goldberg whose letter to Mrs Joyce Steele illustrates how someone did not bend to Jewish pressure:

Justice Alan Goldberg, QC

Federal Court of Australia

Law Courts Building

Queens Square  

Sydney 2000

3 October 2007

Re: FCA No N327 of 2001: Jeremy Jones v Fredrick Töben

Dear Justice Goldberg

I am writing to you because of the above matter wherein a letter, written by you on 1 July 1985 to Mrs Joyce Steele, OBE, is part of my defence.

This letter is relevant in determining the credibility of what Mr Jeremy Jones wrote about Mr John Bennett in 1991.

Both matters are relevant to the above matter being heard in the FCA by Justice Moore and set down for a hearing at Adelaide on 27-28 November 2007. I enclose an advance copy of our Newsletter No 363 wherein your letter and Mr Jones’ article are reproduced.

I would like to ask you to be a witness for the defence and be examined in court. Should you not wish to appear on my behalf, then I would have to issue a subpoena and bring you to court as a possible hostile witness.

I am sending a copy of this letter to my Barrister, Mr Paul Charman, PO Box 959, Old Reynella - 5161.

Please advise.

Sincerely

Dr Fredrick Töben

PO Box 3300

Norwood – 5067

Reply:

Arnold Bloch Leibler 

Lawyers and Advisers

Level 21, 333 Collins Street

Melbourne 

Victoria 3000

Australia

10 October 2007

Dear Dr Toben

We act for Justice Goldberg who has passed on to us your letter of 3 October 2007 relating to Federal Court proceedings No N327 of 2001. We advise that we have instructions to accept service on behalf of Justice Goldberg of any subpoenas which may be issued in the above proceedings.

Yours faithfully

Arnold Bloch Leibler

Mark Leibler

Senior Partner

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