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OWING TO A LEGAL DISPUTE THIS WEBSITE FROM  2 DECEMBER 2007 WILL CEASE TO BE UPDATED -  except for notice below - 

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Developments: 11 December 2007

On Wednesday, 19 December 2007, there will be a Federal Court of Australia Directions Hearing before Justice Michael Moore, Sydney 9:30 AM/Adelaide 9AM. Applicant: Jeremy Jones; Respondent: Fredrick Töben 

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NOTICE PURSUANT TO ORDER 37, rule 2(3) OF THE FEDERAL COURT OF AUSTRALIA 

To: Fredrick Töben You are liable to imprisonment or sequestration of property if: 

1. where an order requires you to do an act within a specified time, you refuse or neglect to do the act within the time; or 

2. where the order requires you to do an act forthwith or forth with upon a specified event and you refuse or neglect to do the act as the order requires; or 

3. where the order requires you to abstain from doing an act, you disobey that order.

TÖBEN WITHDRAWS FROM CONSENT AGREEMENT

See related story about Paul Fromm

Fredrick Töben comments:

Well, it's on. 

The article below clearly relies on an interpretation of what happened before Justice Michael Moore in the Federal Court of Australia on Tuesday, 27 November 2007 - an interpretation that was not explicitly nor implicitly canvassed before the Consent Agreement was written up.

If the below interpretation is consistent with the Consent Order, then I hereby publicly state I am withdrawing from the Consent Agreement, and although I have begun deleting material from the website, as part of the undertaking given to the Court and to the Applicant, I am now stopping this action.

I am awaiting advice and instructions from my Barrister Mr Paul Charman.

Fredrick Töben 

Adelaide

12.15 hours

30 November 2007

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Töben gives Holocaust denial apology in court

PETER KOHN

AJN NOVEMBER 29 2007

DR Fredrick Töben this week gave an apology in the Federal Court of Australia for being in contempt of court by continually featuring Holocaust denial material on his Adelaide Institute website.

He gave the apology during a contempt hearing of the Federal Court sitting in Adelaide on Tuesday.

After being called up to the bar by Justice Michael Moore to apologise if he agreed with it, Dr Töben began to give a qualified apology.

When Justice Moore said that his comments were inconsistent with an apology, Dr Töben gave a full apology, without embellishment and undertook to remove all Holocaust denial material from the website by 4pm on December 5 and not to replace it.

Solicitor Steven Lewis of legal firm Slater & Gordon said after the hearing: “It’s a significant victory for the community. The ECAJ was vindicated in their actions and has forced him to acknowledge his contempt of court and remove the offending material.”

The case was adjourned to February 28, when applicant Jeremy Jones of the ECAJ, represented by senior counsel Robin Margo SC, will have an opportunity to complain about any continuing breaches of the court orders.

When The AJN checked the Adelaide Institute website hours after the hearing ended, it still featured denial material as well as comments that apparently contradicted his unqualified court apology.

A summary of the hearing on the website referred to an apology being given “under duress?” which Lewis said he would take up with Dr Töben next week.

In 2002, the ECAJ won a landmark court case when a Federal Court judge ordered Dr Töben to remove all material denying the Holocaust from his Adelaide Institute website, an order he subsequently breached.

This week’s court hearing is the culmination of a 10-month battle that began when contempt orders were served on Dr Töben by the Federal Court, after he returned from a Holocaust denial conference in Iran in January.

http://www.ajn.com.au/news/news.asp?pgID=4542

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Fredrick Töben comments:

NB:  The articles below contextualize the above matter in global terms wherein unfettered lies abound about what Germans are alleged to have done to Jews during World War II. Such underlying expression of unbridled German hatred must stop because it does not bring harmony into the Australian/global marketplace.

Add to that this triumphalism coming from Australia's Jewish legal and media community about >Töben gives Holocaust denial apology in court< and the jarring sound of bad behaviour becomes evident, of someone who does not know when to stop pushing this one-sided >Holocaust< contest, always playing the victim, and when a compromise is reached it is gloatingly celebrated as a victory.

All very, very sad - I was warned not to trust, not to compromise, not to be taken in by anything that was guided by reason and understanding because the result would only be deception.

So it has come to pass - and I have learned that moral and intellectual virtue among those who believe in the Holocaust story is wanting. For them, truth, honour and justice are mere abstractions because what matters to the Holocaust believers is WINNING the battle, never mind if that entails distorting, deceiving and outright lying about this historical event.

So mote it be - indeed!

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If he is still alive, former SS medical officer Aribert Heim is 93 years old, but his age will not protect the alleged Nazi war criminal from justice, vows Nazi-hunter Efraim Zuroff.

1. Is the net tightening on Nazi 'Dr Death'? 

news.bbc.co.uk/1/low/world/americas/7116774.stm

2. Union may face legal action

www.totallyjewish.com/news/national/c-7718/union-may-face-legal-action/ 

3. Hugo Chavez - Fascist Friend Of Holocaust Deniers And Drug Dealers

www.pipelinenews.org/index.cfm?page=vermaat11.29.07.htm

4. Postcards from the Revolution

www.chavezcode.com/

5. The shrill opposition to tonight’s Oxford Union debate involving Nick Griffin and David Irving is part of today’s moral rehabilitation of censorship 

www.spiked-online.com/index.php?/site/article/4115/

6. Note what the leading Holocaust believer says about the Oxford Union debate

lipstadt.blogspot.com/2007/11/oxford-union-media-coverage-and-winners.html

7.Ahmadinejad: Zionists are NOT Jews

www.wakeupfromyourslumber.com/node/1249

8. Man pleads not guilty in Elie Wiesel encounter in San Francisco  

www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/29/BAL0TLDRD.DTL

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Holocaust denier withdraws apology

Pia Akerman | December 01, 2007

HOLOCAUST denier Fredrick Töben has withdrawn his apology to the Federal Court for publishing banned material, vowing yesterday to defy orders to remove postings doubting the Nazi extermination.

Dr Töben, who spent seven months in a German prison in 1999 for inciting racism, may face another jail term or fines if he does not comply with the orders renewed this week to remove the banned material and is consequently found in contempt of court.

On Tuesday, Dr Töben apologised to the Federal Court in Adelaide for breaching orders made in 2002 that banned him from publishing material implying the Holocaust did not happen.

The Australian Jewish News then published an article by Peter Kohn about the court proceedings, with the headline "Töben gives Holocaust denial apology in court".

Dr Töben yesterday published a response on his Adelaide Institute website, declaring "it's on", and that he would cease removing the banned material from his website as ordered by the court.

Dr Töben told The Weekend Australian he took issue with the Jewish News headline and his belief on the Holocaust "was never the subject of the apology".

"If the below interpretation (the Jewish News article) is consistent with the court order, I'm withdrawing from the consent agreement," Dr Töben said.

"The interpretation was not explicitly or implicitly canvassed before the consent agreement was written up."

The court has ordered Dr Töben to remove website material that judge Catherine Branson found in 2002 had breached the Racial Discrimination Act. The postings implied the Holocaust did not happen and doubted the existence of gas chambers at 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 material implying some Jewish people had exaggerated the number of Jews killed in World War II and the circumstances for financial gain. Australian Jewish News editor Ashley Browne said the newspaper stood by its report.

"We reported the story based on what we understood to be the case, and that he (Dr Töben) was under a lot of pressure to give an apology," Mr Browne said.

"We stand by our report and our version of events."

Steven Lewis, representing Jeremy Jones, who brought the action against Dr Töben to force him to comply with the court orders, said the case might resume next year if Dr Töben refused to remove the material.

"I've always had a concern that Mr Töben may do his own thing, and it appears those concerns have been justified," Mr Lewis said.

"We can't control headlines."

http://www.theaustralian.news.com.au/story/0,25197,22851209-5013404,00.html