Order 14, Rule 2
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSD327 of 2001
AFFIDAVIT OF FREDRICK TÖBEN
On 17 January 2007 I, Fredrick Töben, of
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
on the 17th day of January 2007
Filed by Dr F Töben
Tel: 08 83310808