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THE HUNT FOR TÖBEN IS ON
Jewish Power on Display
Australian Zionists demand Töben's imprisonment
Note that this Jeremy Jones Notice of Motion, below, was originally scheduled to be heard on 5 December 2006 - lucky for Töben because by this time he was already in Iran, out of reach of Zionist hands. Had he been there, then it would certainly have meant that Töben's Passport would have been confiscated, thereby preventing his attending the Teheran Holocaust Conference.
After all, in the Notice of Motion the request is made to have Töben arrested and imprisoned! Such a request would most likely not have been granted, but a request to have the Passport confiscated would have possibly succeeded. This was done in Germany to Horst Mahler and Günter Deckert when they were about to travel to Iran.
Fredrick Töben also submitted a Notice of Motion and Affidavit, following, wherein the matter before the court is contextualized within a framework that brings politics into the proceedings.
The 6 February hearing was brief with Justice Michael Moore hearing submissions from both sides. Töben advised the judge that he had found a lawyer willing to represent him but not before May 2007. The judge then gave Jones' counsel, Prince, the liberty to apply for another directions hearing, i.e. should something crop up that would impede the May date for a possible trial begin.
_________
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY) No. N327 of 2001
JEREMY JONES
Applicant
FREDRICK TÖBEN
Respondent
NOTICE OF MOTION
The applicant respondent will at 9:00 am on 5 December 2006 [owing to Töben not appearing on that day, a new date was fixed, 6 February 2007] at Law Courts Building, Queens Square, Sydney move the Court for Orders:
1. That the respondent be found guilty of contempt of this Court for failing to comply with the order made by her Honour Justice Branson on 17 September 2002, in that the respondent did publish or republish to the public by himself or any agent or employee, on the World Wide Web or otherwise, any material which conveys the following imputations or any of them:
A There is serious doubt that the Holocaust occurred;
B It is unlikely that there were homicidal gas chambers at Auschwitz;
C Jewish people who are offended by and challenge Holocaust denial are of limited intelligence;
D Some Jewish people for improper purpose including financial gain have exaggerated the number of Jews killed during World War II and the circumstances in which they were killed.
2. That the respondent be punished for contempt including that the respondent be committed to imprisonment for disobedience of the said order of this Court and that a warrant be issued accordingly.
3. That the Sheriff be directed to bring the respondent before the Court before taking the respondent to the place of imprisonment.
4. That the respondent pay the applicant's costs of and incidental to this motion.
5. Such further or other orders that the Court thinks appropriate.
Date: 16 November 2006
________________________________________________________________________________
Steve Lewis DX 1163 Sydney
Solicitor for the applicant Tel: 8267 0626
Slater & Gordon Lawyers Fax: 8267 0650
Level11, 51 Druitt Street Ref: SL:KW:283157
Sydney NWS 2000
_____________________________________________________________________
Fredrick Töben's Notice of Motion and Affidavit
Form 27
(Order 19, rule 2)
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. N327 of 2001
JEREMY JONES
Applicant
FREDRICK TÖBEN
Respondent
NOTICE OF MOTION
The abovenamed Respondent will at 9:00 am on the 6th day of February 2007 at Law
Courts Building, Queens Square, Sydney NSW move the Court for Orders that:
1. The matter be transferred to the Adelaide FCA Registry, or alternately that
the matter be heard per video link as was done for some hearings before Justice
C Branson.
2. The matter be stood down until the Respondent can secure competent legal
representation, something that he failed to do when Justice Branson heard the
matter.
3. The Court extends protection to members of Respondent’s family.
4. Such further or other orders as the Court deems fit.
DATED: Adelaide
17 January 2007
……………………………….
Dr Fredrick Töben
Respondent
To: Jeremy Jones
Slater & Gordon
11/51 Druitt Street
Sydney 2000
_____________________________________________________________________________
Filed by Dr F Töben Tel: 08.83310808
23 Caloroga Street Email:
toben@adelaideinstitute.org
Wattle Park 5066
Australia
_____________________________________________________________________________
Form 20
(Order 14, rule 2)
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. N327 of 2001
JEREMY JONES
Applicant
FREDRICK TÖBEN
Respondent
AFFIDAVIT OF FREDRICK TÖBEN
On 17 January 2007 I, Fredrick Töben, of 23 Caloroga Street, Wattle Park, in the
State of South Australia, retired teacher, say on oath:
1. I am the Respondent, and I received notification of this matter per process
server, Mr Kevin Moffatt, on 15 January 2007, at 20:30 hours. Owing to my
attending the Teheran International Holocaust Conference on 10-12 December 2006,
I was not informed in time that there was to be a 5 December 2006 hearing before
this court. Process Server Moffatt advised on 15 January 2007 that he first
visited my residence on 29 November 2005. Colleague, Mr David Brockschmidt,
advised that the formal court notice arrived in an open envelope in the
residential mail box on 5 December 2006, the day on which the hearing was set
down. Mr Brockschmidt then advised Mr Joshua Goldshaft, Senior Coordinator,
Service Centre, FCA, Sydney Registry, that I was attending the conference in
Teheran. I view this matter as being a failed legal ambush because the tone and
demands set down in the Applicant’s 16 November 2006 Notice of Motion would have
most probably prevented my attending the conference with my passport being
forfeited on the false pretext that I would refuse to attend court and possibly
flee Australia. My response to such proposition is that the world is my prison!
Please be advised that ASIO, Adelaide office, is well informed of my movements
at any time. Annexed hereto and marked A is a copy of the letter I wrote to the
FCA Registry immediately upon my return to Adelaide.
2. That this matter be transferred to the Adelaide Registry of the FCA on
account of the alleged offence having been committed in Adelaide. I view the
fact that the Applicant had originally been granted Sydney as the place to be a
deliberate attempt to impose financial difficulties upon me. It is well known
that I do not have the financial resources to make such trips. If it is stated
that I seem to have the financial resources to travel, then it must be
remembered that those who invite me to conferences also pay for my travel costs.
I do not think Mr Jones will pay me my travel costs to attend his initiated
court hearings in Sydney. In the alternative I request that I be permitted to
attend court per video link-up as was done on a number of occasions when the
matter was initially heard before the FCA.
3. I have had problems – as have others who have been brought before the courts
by Zionist Australians – to find competent legal representation. The current
proceedings began in 1996 before the HREOC where Jeremy Jones refused outright
to conciliate. This authoritarian and absolutist mindset has accompanied the
proceedings to this day. I canvassed over twenty legal firms operating
Australia-wide, and could not find a single one that would help me at the
fact-finding stage of proceedings. I even tried individual counsels, as I had
done during the early 1990s when I won an appeal before the Victorian Appeals
Court, but only because I had a prominent QC, from NSW, write up my Appeal.
i. HREOC – after Commissioner Kath McEvoy handed down her decision that I delete
offending material from our Adelaide Institute Internet website, I did more than
that. I deleted all material, and I began again.
ii. FCA – when the matter reached the FCA I failed to gain legal representation
and Justice Catherine Branson suggested I read books, etc. and present my own
defence, advice that sounded odd to me. I then decided to remain silent because
I knew that a judge cannot rely on material presented by an unrepresented
defendant. On 17 September 2002 Justice Branson then handed down her Summary
Judgment, wherein she essentially confirms the HREOC decision. The alleged
offending material had already been removed from the website, but I again
deleted all the material on the website, and I began again – this time adding a
disclaimer. In 2006 I also enrolled myself in the Law Faculty, University of
Adelaide. It did not surprise me that I failed by 4 marks the subject controlled
by Kath McEvoy, former HREOC commissioner. My journey into becoming a law
student soon made me realize that Justice Branson was wrong when she implied law
was easy because to be successful in this monopoly law business means hard work.
4. I seek court protection from Jeremy Jones and his Zionists who wish to harm
me by mentally raping me through their action. I view this action as legal and
mental terrorism where the matter of free expression is at stake – and only a
competent legal mind can mount a competent defence. I have also been advised
that this matter is becoming political, and that members of the Howard Cabinet
expect me to ‘cool it’. How can I ‘cool it’ when this legal action remains
alive? Likewise it has been stated that there will be consequences for my
siblings because I dare ‘take on’ the Zionists.
Sworn by Deponent
at Adelaide
on the 17th day of January 2007
………………………….......
Deponent’s Signature
Before me:…………………………
_____________________________________________________________________________________
Filed by Dr F Töben Tel: 08.83310808
Wattle Park 5066 Email:
toben@adelaideinstitute.org
Australia
_____________________________________________________________________________________
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