Day Three 7 August 2008

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. NSD327 of 2001

JEREMY JONES
Applicant

FREDRICK TÖBEN
Respondent

DAY THREE - 7 August 2008

Mr Margo completed his final submissions and then it was Mr Perkins' go - which went until 4:15pm+.

Justice Lander reserved his judgment, and as Mr Perkins will be overseas for a month, it is expected that it will be handed down sometime before then or soon thereafter.

Fredrick Töben says he's also exhausted and will now do a two-week RELAX, if not a little longer.

___________________________________

Holocaust 'revisionist' Fredrick Töben 'breaching orders'

LIZA KAPPELLE

August 07, 2008 03:30pm

HOLOCAUST "revisionist" Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told.

Dr Töben faces a contempt finding in the Federal Court in Adelaide, accused of failing to stop publishing racist material on his Adelaide Institute website - despite a 2002 Federal Court order and an undertaking he made last year.

He pleaded not guilty to 28 charges this week, after allegations from former president of the Executive Council of Australian Jewry, Jeremy Jones, that Dr Töben was still breaching the Racial Discrimination Act on his website. Mr Jones first lodged a complaint with the Human Rights and Equal Opportunities Commission in 1996 and later applied to the Federal Court to uphold its ruling.

On Mr Jones' behalf today, Robin Margo SC told the court Dr Töben had defied its orders for six years. Mr Margo said the website was still publishing last month "virulent anti-semitic material", including claims there were no homicidal gas chambers at Auschwitz concentration camp and that the Holocaust was "the world's filthiest blood libel".

"He's chosen to tell the truth as he sees it, rather than obey the law," Mr Margo said. "There could be no more serious example of blatant contempt."

Mr Margo said the offence was at "the extreme end of the spectrum" and urged Judge Bruce Lander to fine Dr Töben as a deterrent if he found him guilty of contempt. "If it is the fact that he can't pay the fine, he should be imprisoned," Mr Margo added.

Dr Töben's barrister David Perkins told the court Mr Jones' case portrayed "my client's human rights as illegal".

The hearing continues.

http://www.news.com.au/adelaidenow/story/0,22606,24142838-2682,00.html

_________________________________________________________

SA Holocaust 'revisionist' back in court

HOLOCAUST "revisionist" Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told.

4 comment(s) about this story

Any racial slur of any type is against humanity and against the Australian 'far go for everyone' which many people fought and died for.

Posted by: Mark of somewhere else 4:44pm today

***

Jailing someone for expressing their beliefs is the Spanish Inquisition all over again. Suppression does more harm to society than freedom of expression. Chinese jails are full of dissidents - do we want the same to happen here? How many people who read this article check out the Adelaide Institutes website? Humans are naturally curious about the things that the authorities don't want us to know. While I'm not qualified to comment on matters pertaining to the holocaust, I believe that everyone should be able to publish their true beliefs without fear of repercussions.

Posted by: The Original Stevo of 4:43pm today

***

In the democratic society we live, all are entitled to their views, it is up to the individual whether they are believed or not.

Posted by: alphonso of 4:25pm today

***

DR TOBEN HAS A RIGHT TO HIS OWN BELIEFS AFTER ALL AUSTRALIA IS SUPPOSE TO BE A DEMOCRACY THO LATELY I HAVE MY DOUBTS

Posted by: SHANE of NOARLUNGA 3:48pm today

____________________________________________________________________

Independent Weekly

Holocaust denier should be jailed

7/08/2008 5:05:00 PM

Holocaust denier: Fredrick Töben Photo: Peter Mathew

Holocaust revisionist Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told. Dr Töben faces a contempt finding in the Federal Court in Adelaide, accused of failing to stop publishing racist material on his Adelaide Institute website - despite a 2002 Federal Court order and an undertaking he made last year.

Mr Jones first lodged a complaint with the Human Rights and Equal Opportunities Commission in 1996 and later applied to the Federal Court to uphold its ruling. On Mr Jones' behalf today, Robin Margo SC told the court Dr Töben had defied its orders for six years. Mr Margo said the website was still publishing last month "virulent antisemetic material", including that there were no homicidal gas chambers at Auschwitz concentration camp and that the holocaust was "the world's filthiest blood libel". "He's chosen to tell the truth as he sees it, rather than obey the law," Mr Margo said. "There could be no more serious example of blatant contempt," Mr Margo said. Mr Margo said the offence was at "the extreme end of the spectrum" and urged Judge Bruce Lander to fine Dr Töben as a deterrent if he found him guilty of contempt. "If it is the fact that he can't pay the fine, he should be imprisoned," Mr Margo added.

Dr Töben's barrister David Perkins told the court Mr Jones' case portrayed "my client's human rights as illegal."

Mr Perkins argued Dr Tobin no longer needed to comply with the 2002 court orders because they had been superseded by the Australian Citizenship Act of 2007. He said the Act's preamble allowed people to express their opinions - no matter how misguided - when it said Australian citizenship was: "A common bond involving reciprocal rights and obligations ... uniting all Australians while respecting their diversity". "The law as it was is wholly superseded by the law as it stands," Mr Perkins told the court. "It's tantamount to a discharge (of the orders)."

Judge Bruce Lander is expected to reserve his decision.

http://www.independentweekly.com.au/news/local/news/general/holocaust-denier-should-be-jailed/1238264.aspx

Fredrick Töben's comment:

1. Throughout these past 15 years I have always adhered to the life-giving Hegelian dialectic, where the thesis and antithesis come together and conserve their differences - aufheben - in the synthesis. For example, father-mother-child.

2. In the Talmudic-Marxist-Feminist dialectic there is a clash of thesis and antithesis to the death - only one can win and form the new synthesis.

3. I have said that if my dilemma is to tell the truth or to obey the law, then the Hegelian dialectic offers us a synthesis that is naturally a conserving of the opposite elements that embrace both truth-telling and obeying the law. The Talmudic dialectic, which operates on 'friend-enemy and one of them must die' - win/lose - cannot really understand what I am talking about.

_____________________________________

Contempt Case

Plea to fine or jail accused

The Advertiser, 8/8/08

HOLOCAUST revisionist Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told.

Dr Töben faces a contempt finding for failing to stop publishing racist material on his Adelaide Institute website, despite a 2002 Federal Court order.

Robin Margo SC, on behalf of former president of the Executive Council of Australian Jewry, Jeremy Jones, urged Judge Bruce Lander to fine Dr Töben if he found him guilty. "If it is the fact that he can't pay the fine, he should be imprisoned," he said.

The hearing continues.

_______________________

Revisionist Töben Awaits Verdict on Freedom of Expression

Posted: 2008/08/11
From: Mathaba

Töben guilty of telling truth? Photo: Peter Mathew

The Jewish Telegraph Agency has reported that Dr. Fredrick Töben of the Adelaide Institute, which has questioned the widely propagated belief of the Holocaust, stood accused of allegedly defying a court order to purge "Holocaust denial" material from his web site.

The publication reported that Töben is awaiting the verdict of a contempt-of-court hearing in the Federal Court in Adelaide brought by the Executive Council of Australian Jewry. The three day hearing ended Aug. 7.

He pleaded not guilty this week to 28 charges alleging that he breached a 2002 Federal Court order to purge all Holocaust denial material from his institute web site. The judge said at the time that Töben's site "vilified Jewish people."

Among the claims Töben makes on the site are that gas chambers did not exist at Auschwitz and that the Holocaust was "a lie."

Jeremy Jones, a former president of the Executive Council of Australian Jewry, has been at legal loggerheads with Töben since he first accused him of breaching the Racial Discrimination Act in 1996.

An attorney for the council, Robin Margo, QC, told the court on Aug. 7 that Töben should be fined or jailed for his continued defiance of the court order over the last six years. Töben spent seven months in jail in Germany in 1999 after being convicted of "defaming the memory of the Jewish dead."

http://mathaba.net/news/?x=601699

Mathaba relies on your support for independent as well as investigative journalism.

Please subscribe for a small fee and also join our free Daily Briefing.

To send this article by Email click here if others would also benefit from reading

___________________________

Revisionist historian awaits verdict - http://www.jta.org/cgi-bin/iowa/breaking/109862.html