Töben's Mannheim, Germany, Re-trial set for July 2004 - 6 Kls 503 Js /03






Dear Judge Adam
As the time set down for my July 2004 re-trial approaches I wish to again refer to my last email to you.
In my 24 May 2004 email I asked you a number of questions that, among other things, frame my concerns about your decision to reject my choice of legal defence counsel, Mr Horst Mahler. To date you have as yet not responded to any of these questions.  Further, your decision to reject Mr Mahler as my defence counsel - Aktenzeichen: 6 Kls 503 Js  9551/99 - is not safe and sound because of the following:
1. On 28 May 2004, Mr Michael Rosenthal advised me you had ordered him to be my defence counsel. Mr Rosenthal is resisting this because he feels that under the prevailing German legal rules he cannot vigorously defend me on account of absolute privilege not attaching to any matters aired in open court.  He has thus advised you that if you insist he defend me, then he will simply sit there in court and say nothing. Mr Rosenthal says that this is what my first legal counsel, Mr Ludwig Bock, did because he did not wish to attract a legal sanction from the public prosecutor, as had happened when Bock vigorously defended Günter Deckert a while before he became my defence counsel.
2. It is obvious from Mr Rosenthal's comments that it is not possible for you to guarantee that I receive a vigorous defence because any German defence counsel would make himself liable for prosecution, yet the Karlsruhe judges granted me the appeal against the November 1999 judgment on grounds that I was not properly defended. 
3. Should this re-trial end up with legal counsel remaining silent, then we are back to where we were when the November 1999 Mannheim judgment was heard on appeal in Karlsruhe in December 2000. It is this Karlsruhe appeal decision that has brought the matter for a re-trial before you in Mannheim.
4. Although Mr Horst Mahler has, on account of a recent decision in a Berlin court, been prohibited from acting as a defence counsel for anyone, I request that you initiate legal precedent that would permit him to become my defence counsel. The reason for asking for Horst Mahler is self-evident, especially if you have witnessed the courageous defence that he is mounting in his own Berlin matter.
5. In view of Mr Rosenthal's honest statements concerning the impossibility for any fearful German counsel vigorously to defend me, it would be an injustice for you to insist that he be my defence counsel - or anyone else for that matter - except Horst Mahler! To my knowledge, Horst Mahler is the only German legal defence counsel - I stress again, the only German legal defence counsel - who will fearlessly mount a vigorous defence against the allegations made against me. To date Horst Mahler is the only German defence counsel who can competently contextualize these allegations into my world view - Weltanschauung - and who is willing to do it.
6. As soon as you make it possible for Horst Mahler to be my defence counsel, I shall make myself available for the re-trial in Mannheim.
Dr Fredrick Töben
22 June 2004



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