From: Adelaide Institute

Sent: Wednesday, 19 December 2007 5:25 PM
Subject: Directions Hearing FCA 19 December 2007


Dear Mr Lewis

Further to the above, please be advised that it is aimed by 4.00pm, 21 December 2007, to complete the deletion of all material as required by Consent Order from the website of

Kindly advise thereafter if any items have been inadvertently missed.


Fredrick Töben

Adelaide Institute


From: Adelaide Institute

Sent: Tuesday, 18 December 2007 10:04 AM
To: 'Samantha Edwards'
Subject: RE: Zionists

Dear Associate

Why not?  This matter is relevant to tomorrow’s hearing.

Fredrick Töben


From: Samantha Edwards 
Sent: Tuesday, 18 December 2007 9:14 AM
To: Adelaide Institute
Subject: RE: Zionists

Dear Mr Töben

Please do not send communications of this nature to chambers.

Kind regards

Samantha Edwards
Associate to Justice Moore,
Federal Court of Australia


From: Adelaide Institute

Sent: Tuesday, 18 December 2007 9:21 AM
Subject: FW: Zionists


For your information – the relevance of truth-telling in the Federal Court of Australia?


- how an Iranian Australian had his livelihood destroyed before the Sydney 2000 Olympic Games through court actions that deprived him of his about 10 Green-Gold boutique/souvenir shops. The legal term is >> sequestration of the appellant's estate << now also used in the global warming racket – carbon sequestration…


Those who attended the Sydney Forum a few years ago will recall how Mr Nejad unfurled his long banner whereon was listed all the many company names belonging to one individual involved in destroying Mr Nejad’s business.


Note in the matter below, one of the three appeal judges that dismissed the Nejad appeal from a single judge, Einfeld, was  Hely J who was the judge that found against Mrs Olga Scully when Jeremy Jones took her to court – an action that would have bankrupted Mrs Scully had she not voluntarily bankrupted herself – cost of the action awarded against her was about $130,000+.


And thus draconian measures are undertaken within democratic Australia to silence dissenting voices who refuse to believe in the HOLOCAUST lies.


Former Justice Marcus Einfeld was a great Jewish Holocaust-Shoah advocate within the Federal Court of Australia, having been instrumental in setting up the Human Rights and Equal Opportunity Commission, the body that was specifically set up to link the Jewish Holocaust-Shoah with the Racial Discrimination Act, falsely giving this historical topic a racial tag, thereby excising it from open enquiry and giving Jewish Holocaust-Shoah proponents an unfettered right to defame and abuse all those, especially Australians of German descent, without according their victims natural justice.


Fredrick Töben


From: fariborz moshfeghi nejad

Sent: Tuesday, 18 December 2007 1:15 AM

Subject: Zionists


Dear Kate,


It was in 1999 that The Hon Einfeld and his co-cartel friends Rodney Adler and the late Rene Rivkin who conspired to destroy my family business in Darling Harbour to cover up for a fraud and money laundering case involving $330,000,000 with Arthur Andersen (FAI auditors).


As you may remember I have written to you on a number of occasions and have always maintained my allegations to ICAC and ASIC as well as ACCC regarding the "Cartel Behavior" of Einfeld and Rodney Adler. You also have written once about me and Dr Rod, I like to say; what goes round comes around and justice seems to be done slowly but surely, It has taken 10 years and those responsible are paying for their crimes.  


Following is the URL of my case where Einfeld unjustly and fraudulently bankrupted me; do you think there should be an Enquiry into some of his judgments at the Federal Court of Australia where there are allegations of "Fraud"?


Best Regards

Frank Nejad

0423 364 555




Einfeld sent for trial

Kate McClymont
December 13, 2007 - 2:10PM


Former Federal Court judge Marcus Einfeld will stand trial next year on 13 charges, including perjury and perverting the course of justice, over a series of speeding cases he allegedly tried to dodge through deceit.


Einfeld, 69, is accused of making false statements and lying on oath that other people - including a friend he knew to be dead - had been driving his car when it was caught speeding and running a red light between 1999 and 2006.


In Sydney's Downing Centre Local Court today, Deputy Chief Magistrate Helen Syme said there was "ample evidence" to support convictions against Einfeld.


She said "it would appear to be a good prosecution case that the defendant was the driver of the car" in the speeding cases.


After delivering her findings, the magistrate invited Einfeld to speak, but he declined, saying: "No thank you, your honour."


Ms Syme dropped a 14th charge of hindering a police investigation, and  committed him to appear on February 1 before the NSW District Court, which will set a trial date for the other 13 counts.


Einfeld appeared tense during today's proceedings, tapping his feet and staring at the floor with his head in hands as the magistrate argued legal points with his lawyers. At one stage his mobile phone rang.


Sheriff's officers were on hand as disputes broke out among media, Einfeld's family and court watchers over a lack of seating and vantage points in the small, packed courtroom.


Einfeld's co-accused Angela Liati was also committed to stand trial for allegedly swearing a false statement that she was in Einfeld's silver Lexus on January 8 last year when it was caught speeding along a street in Mosman.


AAP reports: During today's hearing Ian Barker, QC, urged Ms Syme to discharge the remaining offences against Einfeld, saying, in particular, the perverting the course of justice offences exceeded the original intention of the traffic legislation.


"The most [Einfeld] could have faced is a modest pecuniary penalty and years later ... [the Crown now says] 'You make a false statutory declaration, you are ergo necessarily attempting to pervert the course of justice,' " Mr Barker said.


"Most lawyers would instinctively recoil [from this prospect]."


Mr Barker said a jury would not be convinced Einfeld was at the wheel at the time of the offences and the perjury charges could also therefore not stand.


"If the police cannot prove that he was the driver, the [perjury] charges are not material to the prosecution. Where will they go, with respect?" Mr Barker asked.


"If he wasn't driving, that, I submit, ought to be the end of the matter."


Earlier today, Angela Liati was committed to stand trial on February 1 charges of perverting the course of justice and hindering a police investigation.


On August 7, 2006, Einfeld testified before one court that he was not behind the wheel of his silver Lexus when it was caught speeding in Mosman on January 8 that year.


After media speculation about the veracity of his claim Miss Liati approached Einfeld's lawyers with information concerning the case.


She subsequently signed a statement for the lawyers who then passed it on to police.


In it she had claimed that on the day in question she and Teresa Brennan, a visiting American university professor, had used Enfield's car for a shopping expedition in Mosman.


Ms Syme said the claim appeared to be was full of inaccuracies and untruths.


"In my view it would be open to the jury to draw a conclusion that the statement given by Ms Liati contains a large number of inaccuracies or untruths," she told the court.


"Therefore, in my view, having considered all of the evidence in this matter, there is a reasonable prospect that a reasonable jury properly instructed would convict the defendant of an indictable offence."


Wearing a pink jacket and black pants, Liati offered no words in defence.


During the current hearing, the court has been told that Miss Liati had never met Einfeld.




From: Adelaide Institute []
Sent: Sunday, 2 December 2007 6:26 PM
To: 'Samantha Edwards'

Cc Steven Lewis; Paul Charman
Subject: FCA Consent Orders 27 November 2007


Dear Associate Samantha Edwards


I would be pleased if you could forward this email to His Honour, Justice Michael Moore - and it is being copied to the Applicant’s Solicitor, Mr Steven Lewis, and to my Barrister, Mr Paul Charman.




Dear Justice Moore


 The below email from Google News Alert speaks for itself – the world has been informed of a deception – of my recanting my >Holocaust denial< belief per an apology to the FCA.


 In an earlier email, Friday 30/11/2007 12:52 PM, I indicated to all parties that when I became aware of the 30 November 2007 article in the Australian Jewish News >Töben gives Holocaust denial apology in court<, I reluctantly ceased deleting the material as agreed upon in the Consent Order made by you at the 27 November 2007 hearing in Adelaide.


I agonized over the matter, especially because on the evening after the Consent Orders were made I had happily informed my former barrister, Mr David Perkins, Melbourne, that the matter had been settled without going to trial. He stated it was gratifying to see reason for once settling a dispute. Now Mr Lewis is quoted as stating in the news report that > The ECAJ was vindicated in their actions and has forced him to acknowledge his contempt of court and remove the offending material.<


 I consider the contents of the AJN article and the comments made by Mr Lewis therein to be a breach of our Consent Orders, and thus serious and deceptive enough for me to respond by ceasing to delete the alleged offending material and re-submit the matter for Your Honour’s determination. I now also invoke the letter written by Mr Alan Goldberg QC, then Chairman Anti-Defamation Committee, ECAJ, to Mrs Joyce Steele, as featured in our Newsletter No 363 - - and also presented in Affidavits in this matter before Your Honour.


  I find myself unable to continue embracing the details of the Consent Agreement and I now request that I be permitted to bring this matter before you again and that there be a full trial where all matters can be canvassed so that I am accorded Natural Justice by responding to all 144 allegations and by relying on the material contained in all of my submitted Affidavits.


 Since Friday lunch-time, 30 November 2007, I have not heard from Barrister Paul Charman and hence I am sending this email to you requesting your assistance.


 On Monday, 3 December 2007 I will be travelling to visit my sick 85-year-old mother and so during the next two weeks I will not be able regularly to check my emails or other mail, and mobile phone reception is difficult in the country.


Fredrick Töben


Sunday, 2 December 2007

Mobile: 04170 88217




From: Google Alerts []
Sent: Saturday, 1 December 2007 1:18 PM
Subject: Google Alert - Dr Fredrick Töben

Google News Alert for: Dr Fredrick Töben

Toben gives Holocaust denial apology in court <>
Australian Jewish News - Melbourne,Victoria,Australia
DR Fredrick Toben this week gave an apology in the Federal Court of Australia for being in contempt of court by continually featuring Holocaust denial ...
See all stories on this topic <;ncl=>  


This once a day Google Alert is brought to you by Google.

Remove <;hl=en> this alert.
Create <>  another alert.
Manage <>  your alerts.




I have just found the following article published by The Australian at:,25197,22851209-5013404,00.html


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."





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