Memo from Töben

Sydney, Australia

25 September 2012

 

1. Please note the below media reports contain inaccuracies. Mr Peter Hartung has been the Director of Adelaide Institute since 2009. I was imprisoned in Germany in 1999 because of a letter I had written to legal individuals in Germany about the Günter Deckert case. The matter went to appeal where a re-trial was ordered, which would have happened had the October 2008 London extradition attempt on an European Arrest Warrant succeeded. Last year Justice Dr Meinerzhagen advised me that the action against me has been stayed indefinitely. Note that media reports claim ‘antisemitism’, ‘Holocaust denial’, ‘racism’, et al, are the matters that are dealt with during such court proceedings. This is only half the story because the matters of fact of my case were never canvassed in open court – nothing was ever defined as claimed by the media. When in November 2007 I offered an apology for upsetting the court the Jewish media latched on to it by claiming I had given a ‘Holocaust denial’ apology’, in effect re-canting my ‘Holocaust views’, as David Irving, David Cole and Christian Lindtner had done. I still do not understand why Irving did this because he is not an expert on matters Holocaust but the world’s greatest historian of World War Two. When I saw those ‘Holocaust denial’ headlines in the Australian Jewish News I knew I had to withdraw my apology. I had in effect already deleted so-called offensive material from Adelaide Institute’s website but I stopped deleting links from the pages to other websites, something that was not covered by the apology. So, be wary about apologising. Also, after I gave my apology to the court I felt sick – after I unilaterally withdrew the apology I felt much better.

I don’t mind apologising because if what I say is said rudely or crudely said but not if it is what I believe to be the truth of a matter. Hence, I wondered what was the aim of a request for my apology when in 1997 Jeremy Jones wished me to apologise to HREOC in the following terms:

 

Order that the Respondent apologise to the Applicant in the following terms:

“To Mr Jeremy Jones

Executive Vice President

Executive Council of Australian Jewry

146 Darlinghurst Road

Darlinghurst NSW 2010

 

I hereby unreservedly and unconditionally apologise to you and to the Australian

Jewish community for having published material inciting hatred against the Jewish

People in contravention of the Racial Discrimination Act. I undertake that neither I

nor any employee or agent of mine (actual or ostensible) will publish any such

material in the future and that all such material which is presently published by me,

Or by any employee or agent of mine (actual or ostensible) in any print or electronic

media (including the Internet) will forthwith be withdrawn from publication”.

 

Order that the respondent forthwith, and at his own expense, undertake a course

of counselling by a conciliation officer of the Human Rights and Equal Opportunity

Commission as to the rights and responsibilities of the Respondent under the

provisions of the Racial Discrimination Act.

 

Note that the HREOC conciliator could not conciliate our differences because Mr Jones refused to go into mediation, and he immediately sought a public hearing, which he then followed up with the costly legal action in the Federal Court of Australia. Note also that I wiped the content of Adelaide Institute’s website after the HREOC decision in 2000 and again after the Federal Court of Australia decision – and began again.

And note again that I submitted the JS Hayward thesis to the HREOC commissioner and to the FCA judge, which both of them ignored because Jeremy Sean Jones claimed before both that there is no such thing as questioning matters Holocaust and those who do are ‘Holocaust deniers’.

Hayward had sent me his thesis copy in 1998 and I submitted it as part of my defence. Then began the hounding of Hayward who recanted, as he informed me later, because he and his family received death threats. Canterbury University, New Zealand, reacted to New Zealand’s Jewish groups agitating to have the thesis demoted to a B.A: ‘The Fate of Jews in German Hands: An Historical Enquiry into the Development and Significance of Holocaust Revisionism. Thesis (M.A.). University of Canterbury, 1993’. It refused because it considered Hayward not to have been dishonest in his research.

When Hayward recanted, I asked him to give me the factual reasons on which he had based his decision to re-cant – I am still waiting for such reasons. In 1983 German Judge Wilhelm Stäglich had his 1951 awarded doctorate of law revoked by the University of Göttingen on account of Stäglich having written The Auschitz Myth – Legend or Reality, a book detailing his experiences at Auschwitz during World War Two.   

 

Asking questions can be upsetting for those who have lived on a lie for a lifetime, who have built their world view on a factual lie, but that does not mean such individuals should have legal protection on account of hurt feelings experienced when someone asks them probing questions. On account of my German background I take it as my right to ask questions what happened during World War Two and openly enquire whether my father was a part of the alleged mass murder machine operating during the war in Germany and in territories under its control.

 

2. Last year, 2011, I paid court costs of $56,000+, all up over $75,000, and I did this by selling my modest home of 27 years in country Victoria. This action was preceded by an offer of settlement in November 2010, which was refused, my then lawyer stating that ‘they don’t want your money. They want to bankrupt you’.

 

3. Lawyer Steven Lewis, on 20 July 2010, during his political speech as Labor candidate for the seat of Wentworth predicted: ‘We’re about to bankrupt Töben’: - at 17.40 minutes into clip:

http://www.jwire.com.au/news/wentworth-candidates-address-board-of-deputies-plenum/10541

 

4. This year another claim for court costs of over $75,000 was made in the knowledge that I now have no assets – but the Executive Council of Australian Jewry and its henchmen want their pound of flesh, as per Shakespeare’s Merchant of Venice.

 

5. I am now hoping to find a court that resembles the Duke of Venice’s court of law where lawyer Portia appears and asks Shylock/Executive Council of Australian Jewry, to show mercy towards me because it ‘is twice blest: It blesseth him that gives and him that takes’.

 

6. The whole saga began in 1996 when the Executive Council of Australian Jewry, Jones, et al, took their complaint to the Human Rights and Equal Opportunity Commission-HREOC where Commissioner Kath McEvoy – also law lecturer at the University of Adelaide, applied the Racial Discrimination Act - RDA. Under Section 18c anything said or written ‘that is likely to offend’ is deemed to cause an offence and activates the powers of the RDA. This section in effect protects ‘hurt feelings’ – and when Holocaust material is openly debated, then hurt feelings begin to flood and those who seek the physical truth of a matter are found guilty of an offence.

 

7. More on the history of this 17-year battle later because some of those judges involved in making legal decisions on a number of occasions shamefully ‘bent to Executive Council of Australian Jewry pressure’ and found against me, thereby revealing their own moral and intellectual bankruptcy.

 

8. I shall never re-cant my views because the essence of being human is to be able to cherish free expression on any topic, unless of course someone in open debate produces factual information that further clarifies an issue/problem. In 1999 I penned the following: ‘If you take away my freedom to think and to speak, you deny me my humanity, and you commit a crime against humanity. Truth is my defence.’

 

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Holocaust Denier Bankrupt

September 25, 2012 Agencies

Fredrick Toben, the Holocaust denier who was jailed in 2009 for contempt of a court order banning him from publishing anti-Semitic material on his website, has been declared bankrupt.

Fredrick Toben

Toben, who is based in Adelaide, was ordered last year to pay $56,000 in court costs to Jeremy Jones, who filed the original case against him on behalf of the Executive Council of Australian Jewry. When Toben failed to pay the court costs, Jones lodged a bankruptcy claim against him.

In the Federal Magistrates Court Monday, Registrar Anthony Tesoriero, on the application of the ECAJ, made a sequestration order against Toben, declaring him bankrupt. He has 21 days to appeal.

Despite his financial woes, Toben says on his Adelaide Institute website he will “not recant and continues to denounce the Holocaust lies.”

Jones said today’s declaration was an administrative ruling. “It has nothing to do with the legal or moral argument at all,” he said.

http://www.jwire.com.au/news/holocaust-denier-bankrupt/28433 

 

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