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Töben's Mannheim, Germany, Re-trial set for July 2004 - 6 Kls 503 Js /03
OPEN LETTER TO JUDGE ADAM STRAFKAMMER 6 LANDGERICHT MANNHEIM MANNHEIM, GERMANY
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.
Sincerely
Dr Fredrick Töben
Adelaide
22 June 2004
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©-free 2004 Adelaide Institute
