IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. NSD327 of 2001
Day One - 5 August 2008
Before His Honour Justice Bruce Lander: Mr David Perkins appeared on behalf of the Respondent and Mr Robin Margo and two assistants appeared on behalf of the Applicant.
Beginning at 10:15am with an hour's break for lunch and concluding around 4.07pm, the entire day was taken up with legal argument requiring sustained thinking.
Afterwards a little relax because a little exhausted and feeding our common addiction - food
Holocaust denier's 'attack on justice'
Pia Akerman | August 06, 2008
HOLOCAUST denier Fredrick Töben aggravated charges of criminal contempt of court by attacking federal judges and the judicial process, a court has heard.
Dr Töben yesterday pleaded not guilty to 28 charges alleging he breached orders made by the Federal Court in 2002, as well as an undertaking he made last year to remove offensive material from his website. The former schoolteacher, who spent seven months in a German prison in 1999 for inciting racism, is facing a possible finding of criminal contempt in the Federal Court in Adelaide.
Jeremy Jones, former president of the Executive Council of Australian Jewry, has alleged Dr Töben failed to comply with orders made by judge Catherine Branson in 2002 to remove material that breached the Racial Discrimination Act. The postings implied the Holocaust did not happen and doubted the existence of gas chambers at the Auschwitz concentration camp.
Dr Töben has also been banned from publishing material implying Jews who were offended or challenged by Holocaust denial were of limited intelligence, and that some Jewish people had exaggerated the number of Jews killed in World War II and the circumstances for financial gain.
Robin Margo SC, representing Mr Jones, said Dr Töben had aggravated the alleged breach of court orders by attacking the judiciary on his website. He said Dr Töben continued to cast aspersions against judicial officers and the legal process, promoting a view that the court was "merely a proxy" for Jews. Mr Margo said such "public defiance" of the court's authority as well as personal attacks on Mr Jones undermined the fabric of justice.
Melbourne barrister David Perkins, representing Dr Töben, unsuccessfully applied for a permanent stay of 11 of the charges.
Judge Bruce Lander, hearing the case, said any evidence tendered arguing that the Holocaust did not occur would be ruled irrelevant.
The hearing continues.
Fredrick Töben comments: Mr Perkins successfully resisted the Applicant's attempt to view my bank statements, something that would have enabled Applicant to find out more about individuals who financially support, for example, the current legal action.
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