ISSN 1440-9828
                                                                                                  September
2008                                      
                                                                    No 407   

 

 

Dear Friends

Although dated September, I am writing this on 8 August 2008 so that the hard copy newsletter recipients will be advised of what transpired during the last three days in Adelaide. Herewith, among other items, a very brief outline of what happened during the trial dates: 5-7 August 2008. It is taken from the legal section of Adelaide Institute’s website where it was placed as the court case progressed.                     ___________

 

Welcome to Adelaide, Australia - 4 August 2008

Welcome to dissent, refusal to accept received wisdom, demand to think independently about life

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3 August 2008 - on this day Aleksandr Solzhenitsyn dies in Moscow at 89. 

"Such as it is, the mass media has become the greatest power within the Western World, more powerful than the legislature, the executive and judiciary. One would like to ask: by whom has it been elected and to whom is it responsible?" - Aleksandr Solzhenitsyn

Two Hundred Years Together (2003) on Russian-Jewish relations since 1772

http://www.thecivicplatform.com/2007/11/17/alexander-solzhenitsyn-and-the-jews/

From: Michael Walsh euroman_uk@yahoo.co.uk Sent: Monday, 4 August 2008 12:38 AM Subject: So much for free speech: ALTERNATIVE MEDICINE

Dr. John Matthias, a doctor for thirty-five years vouched for medical ailments being cured by Christian prayer. Now a Shropshire Church has been gagged from saying so. The doctor writes: “I am a medical doctor of over 35 years. I have read all the stories here and can vouch that they are true.” This was followed by testimonials claiming that conditions such as high blood pressure, sciatica, ME, drug addition had been cured. Phil Whittle from the Church says he is disappointed in the ruling by the ASA Advertising Standards Authority. http://news.bbc.co.uk/1/hi/england/shropshire/7539636.stm 

Captain Eric May  - Anthrax Attacks -- Assassin Nation : Bush League Bioterror

http://www.adelaideinstitute.org/LEGAL2006/Day_gday4August2008_1.htm

Nazi hunter scolds New Zealand http://www.jta.org/cgi-bin/iowa/breaking/109766.html

Developer brings more bloody Balkan history to light -"About 52,000 German civilians, mostly children, perished in various camps in Yugoslavia between 1945 and 1947

http://www.baltimoresun.com/business/realestate/bal-te.balkans03aug03,0,6693060.story

Apocalypse Down Under: Aussie bank’s write-offs signal doom for Wall Street  

http://onlinejournal.com/artman/publish/article_3571.shtml 

Isi Leibler: Don't Confuse Interfaith Dialogue with groveling - http://www.infoisrael.net/cgi-local/text.pl?source=5/e/030820081

“There may be very noble reasons for some European countries to have strict rules about freedom of expression relating to the Holocaust,... http://www.thenational.ae/article/20080731/NATIONAL/132316768/-1/NEWS

At the House of Wannsee, we went into the room where the Wannsee Conference took place in 1942, to draw up plans for the extermination of all European Jews.

 ... http://www.tdn.com/articles/2008/08/03/this_day/doc4894a40b01dd0129341276.txt

Hitler art collection now online http://www.jta.org/cgi-bin/iowa/breaking/109763.html

The judgement that brought down David Irving-

http://richardwilsonauthor.wordpress.com/2008/08/03/the-judgement-that-brought-down-david-irving/

 

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Time to collect Barrister David Perkins from the airport 

 

- a massive morning downpour around 9am slows traffic through the city

- through Victoria Square -Rain is a good, fruitful sign ...though the plane lands 15 minutes late -

 

 

- Mr Perkins has made it to Adelaide

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IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY                                No. NSD327 of 2001
 

                                                         JEREMY JONES
                                                           Applicant           


                                                             FREDRICK TÖBEN
                                                             Respondent          

 

Day One - 5 August 2008 

Before His Honour Justice Bruce Lander: Mr David Perkins appeared on behalf of the Respondent and Mr Robin Margo and two assistants appeared on behalf of the Applicant. Beginning at 10:15am with an hour's break for lunch and concluding around 4.07pm, the entire day was taken up with legal argument requiring sustained thinking. More later...

 

David Perkins, left, and Fredrick Töben

Afterwards a little relax because a little exhausted and feeding our common addiction - food

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Holocaust denier's 'attack on justice' - Pia Akerman | August 06, 2008

HOLOCAUST denier Fredrick Töben aggravated charges of criminal contempt of court by attacking federal judges and the judicial process, a court has heard.

 

Dr Töben yesterday pleaded not guilty to 28 charges alleging he breached orders made by the Federal Court in 2002, as well as an undertaking he made last year to remove offensive material from his website. The former schoolteacher, who spent seven months in a German prison in 1999 for inciting racism, is facing a possible finding of criminal contempt in the Federal Court in Adelaide.

 

Jeremy Jones, former president of the Executive Council of Australian Jewry, has alleged Dr Töben failed to comply with orders made by judge Catherine Branson in 2002 to remove material that breached the Racial Discrimination Act. The postings implied the Holocaust did not happen and doubted the existence of gas chambers at the 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 that some Jewish people had exaggerated the number of Jews killed in World War II and the circumstances for financial gain.

 

Robin Margo SC, representing Mr Jones, said Dr Töben had aggravated the alleged breach of court orders by attacking the judiciary on his website. He said Dr Töben continued to cast aspersions against judicial officers and the legal process, promoting a view that the court was "merely a proxy" for Jews. Mr Margo said such "public defiance" of the court's authority as well as personal attacks on Mr Jones undermined the fabric of justice.

 

Melbourne barrister David Perkins, representing Dr Töben, unsuccessfully applied for a permanent stay of 11 of the charges.

 

Judge Bruce Lander, hearing the case, said any evidence tendered arguing that the Holocaust did not occur would be ruled irrelevant. The hearing continues.

_________________

 

Fredrick Töben comments: Mr Perkins successfully resisted the Applicant's attempt to view my bank statements, something that would have enabled Applicant to find out more about individuals who financially support, for example, the current legal action. 

6 August 2008 – DAY TWO of the legal persecution that began in 1996

1. Similarly to yesterday, work began at 10:15am  with Mr Margo continuing his submissions. 

2. Mr Jones was briefly examined and cross-examined. 

3. Mr Perkins made his submissions - all of Respondent's affidavit were withdrawn and Respondent did not give evidence.

4. After lunch a demonstration for His Honour's benefit was done by Mr Margo of how the Adelaide Institute website link worked, in particular with reference to the Newsletter links to the Wayback machine.

5. Mr Margo then began his closing submissions - vigorously detailing the material contained in both Mr Jones' and Mr Lewis' affidavits.

6. Anticipated time left for next day = one hour, then followed by Mr Perkins with his closing submissions.

__________________

The Last Nazi Hunter - http://www.bbc.co.uk/radio4/factual/pip/on69l/

Tuesday 5 August 2008 20:00-20:40 (Radio 4 FM) Repeated: Sunday 10 August 2008 17:00-17:40 (Radio 4 FM)

Jonathan Charles presents a profile of Efraim Zuroff, chief Nazi hunter of the Simon Wiesenthal Centre, as he travels across Europe in dedicated pursuit of former war criminals. Although most senior Nazis are now dead, Zuroff believes that there are tens of thousands of lower-ranking officers who have never been investigated and is offering large rewards for information.

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DAY THREE - 7 August 2008

Mr Margo completed his final submissions and then it was Mr Perkins' go - which went until 4:15pm+.

 

Justice Lander reserved his judgment, and as Mr Perkins will be overseas for a month, it is expected that it will be handed down sometime before then or soon thereafter. 

 

Fredrick Töben says he's also exhausted and will now do a two-week RELAX, if not a little longer.

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Holocaust 'revisionist' Fredrick Töben 'breaching orders'

LIZA KAPPELLE, August 07, 2008 03:30pm

 


HOLOCAUST "revisionist" Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told.

Dr Töben faces a contempt finding in the Federal Court in Adelaide, accused of failing to stop publishing racist material on his Adelaide Institute website - despite a 2002 Federal Court order and an undertaking he made last year.

He pleaded not guilty to 28 charges this week, after allegations from former president of the Executive Council of Australian Jewry, Jeremy Jones, that Dr Töben was still breaching the Racial Discrimination Act on his website. Mr Jones first lodged a complaint with the Human Rights and Equal Opportunities Commission in 1996 and later applied to the Federal Court to uphold its ruling.

On Mr Jones' behalf today, Robin Margo SC told the court Dr Töben had defied its orders for six years. Mr Margo said the website was still publishing last month "virulent anti-semitic material", including claims there were no homicidal gas chambers at Auschwitz concentration camp and that the Holocaust was "the world's filthiest blood libel".

"He's chosen to tell the truth as he sees it, rather than obey the law," Mr Margo said. "There could be no more serious example of blatant contempt."

Mr Margo said the offence was at "the extreme end of the spectrum" and urged Judge Bruce Lander to fine Dr Töben as a deterrent if he found him guilty of contempt. "If it is the fact that he can't pay the fine, he should be imprisoned," Mr Margo added.

Dr Töben's barrister David Perkins told the court Mr Jones' case portrayed "my client's human rights as illegal".

The hearing continues.


_________________________________________________________

 

SA Holocaust 'revisionist' back in court

HOLOCAUST "revisionist" Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told.


4 comment(s) about this story

Any racial slur of any type is against humanity and against the Australian 'far go for everyone' which many people fought and died for. Posted by: Mark of somewhere else 4:44pm today

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Jailing someone for expressing their beliefs is the Spanish Inquisition all over again. Suppression does more harm to society than freedom of expression. Chinese jails are full of dissidents - do we want the same to happen here? How many people who read this article check out the Adelaide Institutes website? Humans are naturally curious about the things that the authorities don't want us to know. While I'm not qualified to comment on matters pertaining to the holocaust, I believe that everyone should be able to publish their true beliefs without fear of repercussions.

Posted by: The Original Stevo of 4:43pm today

***

In the democratic society we live, all are entitled to their views, it is up to the individual whether they are believed or not.

Posted by: alphonso of 4:25pm today

***

DR TOBEN HAS A RIGHT TO HIS OWN BELIEFS AFTER ALL AUSTRALIA IS SUPPOSE TO BE A DEMOCRACY THO LATELY I HAVE MY DOUBTS

Posted by: SHANE of NOARLUNGA 3:48pm today

 http://www.news.com.au/adelaidenow/story/0,22606,24142838-2682,00.html


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Holocaust denier should be jailed

Independent Weekly,  7/08/2008 5:05:00 PM

Holocaust denier: Fredrick Töben      Photo: Peter Mathew


Holocaust revisionist Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told. Dr Töben faces a contempt finding in the Federal Court in Adelaide, accused of failing to stop publishing racist material on his Adelaide Institute website - despite a 2002 Federal Court order and an undertaking he made last year.

 

He pleaded not guilty to 28 charges this week, after allegations from former president of the Executive Council of Australian Jewry, Jeremy Jones, that Dr Töben was still breaching the Racial Discrimination Act on his website.

 

Mr Jones first lodged a complaint with the Human Rights and Equal Opportunities Commission in 1996 and later applied to the Federal Court to uphold its ruling. On Mr Jones' behalf today, Robin Margo SC told the court Dr Töben had defied its orders for six years. Mr Margo said the website was still publishing last month "virulent antisemetic material", including that there were no homicidal gas chambers at Auschwitz concentration camp and that the holocaust was "the world's filthiest blood libel".

 

"He's chosen to tell the truth as he sees it, rather than obey the law," Mr Margo said. "There could be no more serious example of blatant contempt," Mr Margo said.

 

Mr Margo said the offence was at "the extreme end of the spectrum" and urged Judge Bruce Lander to fine Dr Töben as a deterrent if he found him guilty of contempt. "If it is the fact that he can't pay the fine, he should be imprisoned," Mr Margo added. 

 

Dr Töben's barrister David Perkins told the court Mr Jones' case portrayed "my client's human rights as illegal."

 

Mr Perkins argued Dr Töben no longer needed to comply with the 2002 court orders because they had been superseded by the Australian Citizenship Act of 2007. He said the Act's preamble allowed people to express their opinions - no matter how misguided - when it said Australian citizenship was: "A common bond involving reciprocal rights and obligations ... uniting all Australians while respecting their diversity". "The law as it was is wholly superseded by the law as it stands," Mr Perkins told the court. "It's tantamount to a discharge (of the orders)."

 

Judge Bruce Lander is expected to reserve his decision.

 

http://www.independentweekly.com.au/news/local/news/general/holocaust-denier-should-be-jailed/1238264.aspx © AAP 

_____________________________

 

 

Fredrick Töben's comment:  

 

1. Throughout these past 15 years I have always adhered to the life-giving Hegelian dialectic, where the thesis and antithesis come together and conserve their differences - aufheben - in the synthesis. For example, father-mother-child.

 

2. In the Talmudic-Marxist-Feminist dialectic there is a clash of thesis and antithesis to the death - only one can win and form the new synthesis.

 

3. I have said that if my dilemma is to tell the truth or to obey the law, then the Hegelian dialectic offers us a synthesis that is naturally a conserving of the opposite elements that embrace both truth-telling and obeying the law. The Talmudic dialectic, which operates on 'friend-enemy and one of them must die' - win/lose - cannot really understand what I am talking about.

***

Contempt Case. Plea to fine or jail accused. The Advertiser, 8/8/08

HOLOCAUST revisionist Fredrick Töben should be jailed for criminal contempt of court if he can't afford a fine, the Federal Court has been told.

Dr Töben faces a contempt finding for failing to stop publishing racist material on his Adelaide Institute website, despite a 2002 Federal Court order.

Robin Margo SC, on behalf of former president of the Executive Council of Australian Jewry, Jeremy Jones, urged Judge Bruce Lander to fine Dr Töben if he found him guilty. "If it is the fact that he can't pay the fine, he should be imprisoned," he said.

The hearing continues.


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REVISIONISM: And the hate goes on - and the hate goes on ... Adolf still rules!

GERMAN PUBLIC SERVANT = GRAVE ROBBERS AT WORK 

Desecration of grave ordered by a German senior public prosecutor

__________________________________

SPIEGEL ONLINE

08/06/2008 12:46 PM

FAR-RIGHT POWER STRUGGLE

Swastika Funeral Alienates NPD from Militant Neo-Nazis, By Philipp Wittrock


A banned swastika flag draped across a coffin has resulted in bickering within Germany's right-wing scene. The extremist NPD party tried to distance itself from the Nazi flag, angering militant neo-Nazis.

 

Far-right extremist Thomas Wulff, a member of the NPD's board, lying down to drape a swastika flag over the coffin, in full view of the ammased NPD leadership including chairman Udo Voigt (with hands folded holding a white paper).

 

 

 

 

 

 

 

 

 

 

 

 

AP - Far-right extremist Thomas Wulff, a member of the NPD's board, lying down to drape a swastika flag over the coffin, in full view of the amassed NPD leadership including chairman Udo Voigt (with hands folded holding a white paper).

Udo Voigt, chairman of the National Democratic Party, cannot claim he didn't see what was going on. NPD activist Thomas Wulff, known in far-right circles as Steiner after an SS officer, had lain down in front of the grave of old Nazi Friedhelm Busse to drape a large flag over the coffin -- a Nazi war flag with a large swastika in the middle.

Voigt was standing right in front of the grave and had a good view of the scene. The display of swastikas and other Nazi symbols are strictly forbidden in Germany.

Voigt watched as the coffin draped in the cloth disappeared under earth. However, an intelligence officer had been watching proceedings at the funeral in Passau, southern Germany, on Saturday July 26. A few days later the grave was opened on the orders of the local state prosecutor's office and the flag was removed.

Now Wulff faces possible charges of using unconstitutional symbols, an offense punishable by up to three years in jail or a fine.

The investigation is the latest in a series of legal problems besetting senior NPD officials, and presents the party with significant problems on two fronts.

Firstly, the use of a swastika flag by Wulff, a member of the NPD's board, risks thwarting the party's efforts to portray itself as a modern organisation divorced from Nazi ideology. Secondly, Voigt and several of his fellow NPD board members have angered militant members of the neo-Nazi scene with their attempts to distance themselves from the graveside incident.

For neo-Nazis, Busse, who was head of the Liberal German Workers' Party until it was outlawed in 1995, was a hero. He had been convicted of incitement to racism and denigrating the institutions of the state. Busse died on July 23 aged 79. Some 90 far-right radicals made a pilgrimage to his burial in Passau, and there were attacks on immigrants in the city afterwards. One journalist was also assaulted.

It took five days for the NPD's board to make a statement on the illegal flag display by one of its members. "Working for a socially just Germany doesn't require any of yesterday's symbolism," the leadership said in a statement. The party disapproved of individuals who seized on Busse's burial as an opportunity for political self-portrayal which was not in keeping with the NPD's goals, the statement added.

Busse himself would not have approved of the flag display, the statement added, which quoted him as having once said: "Those who think they can engage in politics with yesterday's symbols won't be able to shape the future."

Militant Neo-Nazis Angry at NPD Leadership

The statement caused outrage among the so-called "free scene" of neo-Nazis. Within the NPD, Wulff is regarded as an important link to militant neo-Nazi circles where many would prefer to believe the legend that it was Busse's last wish to have his coffin draped with a swastika.

A far-right Web site declared that the NPD's statement was hypocritical and called it a "failed attempt to fend off charges against it." The NPD had evidently tried to use Busse's burial for its own political goals, the statement said.

What followed was a blatant threat: "We cannot accept such cheap and derogatory attacks on the free forces and will cease our cooperation with the party leadership unless an agreement is reached regarding sensible behavior by the NPD," the authors thundered in their statement which appeared on Tuesday.

It was signed by a number of prominent neo-Nazis from all over Germany, including NPD members.

The statement shows how weak the alliance between the "respectable" party officials and the militant scene has become. Voigt knows that without the radical foot soldiers, his "right-wing people's front" lacks a key pillar. But Voigt also faces opposition from within the NPD, where members have accused the leadership of becoming increasingly distant from the rank and file.

The internal struggle within the party, which last became evident with the election into the NPD leadership of hard core neo-Nazi Jürgen Rieger at a conference in May, appears to be intensifying.

http://www.spiegel.de/international/germany/0,1518,570353,00.html

 

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Saffron’s son threatens to name names, Darren Levin, Australian Jewish News, August 7, 2008


  Alan Saffron ... threatens to name names in the US edition of his book about his father Abe Saffron.
Photo: Peter Haskin

 

ALAN Saffron, the son of Kings Cross kingpin Abe Saffron, has alleged that three high-profile members of the Australian Jewish community may be implicated in what he claims were corrupt dealings with his father -– if his memoir titled Gentle Satan is published abroad.

Speaking on a recent book tour of Australia, Alan Saffron, a talent agent who now lives in Los Angeles, told The AJN that the trio was among 11 prominent identities, whose names have been suppressed due to Australia’s libel laws.
“One was a businessman, very prominent, in Australia right now, who has everything to lose by me naming him. And the involvements with him are horrible,” he said. “He was the one I had the most documented proof on and I was desperate to name him.

“But it was told to me, in no uncertain terms, that this man was a litigant and he would need five minutes in the court to stop the book’s publication, even though I have all the facts.”

Released by Penguin Australia this month, the book reveals details of alleged dealings by the “Boss of the Cross”, including the allegation that his one-time standover man, the late James Anderson, killed activist Juanita Nielsen in 1975.

“I’m not releasing the names for any other reasons than the truth,” Alan Saffron said.  “What’s stopped me in Australia is our antiquated civil laws, because I was fighting to release them all. “In Australia, the truth is not a defence, so they’ll get an injunction and take the book off the shelf. I’ll be waiting two or three years for a court case. “So I am going to go all out to get it released in America and Europe. And, of course, if it’s released elsewhere -– there’s not the same libel laws. “I could name every person I wanted and that would give me the greatest joy.”

Alan Saffron, whose memoir spills the beans on his late father’s fractured relationship with his family and his alleged deals with corrupt politicians and policemen, made the claims at considerable personal cost.

He said he received death threats prior to arriving in Australia and touched down in Sydney to a police escort and bodyguard.  But his efforts to name and shame remain undeterred. Dubbed “Mr Sin” by the media, Abe Saffron presided over Sydney’s hotels, bars, casinos, brothels and strips clubs for more than 60 years.

He was also a staunch supporter of the Jewish community until his death in 2006. At the time of his death, a spokesperson for the Jewish Communal Appeal told The AJN that Abe Saffron had been a donor every year since its inception in 1967. He also donated to Israeli causes, including the Jewish National Fund, and made a substantial contribution to Moriah College.

Alan Saffron said the memoir had been written to clear up some half-truths and rumours about his father, a noted Australian icon. He said a disputed will -– he received $500,000 out of a $25-million pool -– had not motivated his decision to write the book. “The goal of the book is a tell-all, a warts-and-all about my father, about his history,” Saffron said.

http://www.ajn.com.au/news/news.asp?pgID=5993

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Auschwitz museum appeals for funds

 Wednesday, August 6, 2008


WARSAW, Poland: The management of the Auschwitz death camp museum said Wednesday that it needs millions of euros (dollars) to maintain the vast site, saying that the ruins of the gas chambers and the wooden barracks that held inmates are under threat.

"The financial needs are urgent," museum spokesman Jaroslaw Mensfelt told The Associated Press by telephone. "The ruins of the gas chambers and the barracks are disappearing due to acid rain, frost, wind and subsoil waters."

Director Piotr Cywinski said in comments posted on the museum's Web site that it currently needs some 200 million zlotys (US$100 million) to maintain the 472-acre (191-hectare) expanse of the Auschwitz-Birkenau complex, built by the Nazis in occupied Poland.

Some of the wooden barracks in the Birkenau part of the complex already have been closed to the public out of concern for the safety of the roughly 1 million annual visitors, Mensfelt said. Exhibits of victims' belongings are also in need of preservation work.

Cywinski complained that the international community expects the 61-year-old museum to preserve the complex faithfully but has failed to provide adequate financial support.

"The museum is appealing to the nations of Europe and of the world to show sensitivity and responsibility," he was quoted as saying in Wednesday's edition of the Dziennik Polski daily, which the museum posted on its site.

Cywinski suggested that if foreign governments provided longterm loans, the money could be banked for a period of years and the museum could use the interest to take care of the repairs, before eventually paying back the loans. "Any method is good if it brings help to this site," Mensfelt said.

The museum, set up in 1947, receives 10 million zlotys (US$5 million) annually from the Polish government and earns another 10 million zlotys by publishing survivor accounts, screening documentaries to visitors and from guide fees.

Only some 750,000 zlotys (US$370,000) per year come from private donations from abroad. More than 1 million people, mostly Jews, died in the camp's gas chambers or through forced labor, disease or starvation. The camp was liberated in January 1945 by Soviet troops.

http://www.iht.com/articles/ap/2008/08/06/europe/EU-Poland-Auschwitz-Appeal.php

***

Hungary. $20.8m payout, The Advertiser, 8.8.08

The German Government has agreed to pay $20.8 million to about 6500 Jewish survivors of the Nazi occupation of Budapest, an international Jewish organisation said.

Since 1951 the Claims Conference has been representing Jews in negotiating compensation and restitution for victims of Nazi persecution.

***

 The lone Anthrax gunman - The FBI ties up loose ends

After seven years of destroying evidence and intimidating witnesses, the FBI has finally "caught" the individual responsible for the 2001 anthrax attacks. Or so they say. Bruce Ivins may or may not have been involved in the anthrax attacks. Now that he's dead, we'll never know because it will be "case closed." What we do know for sure is that the anthrax attacks, right on the heels of 9/11: 1) terrorized Congress and 2) gave Bush/Cheney a reason to stop the FBI investigation of the 9/11 attacks. That's right...The FBI stopped the 9/11 investigation before it even got started. Look it up. The FBI STOPPED its 9/11 investigation just weeks after 9/11 and "focused" all of its resources on finding the source of the anthrax attacks. Seven years later, their heroic efforts have finally born some fruit. A lone gunman. Dead by his own hand. With the noble G-Men hot on his sinister trail. Cased closed. Move along. There's nothing to see here folks.

http://www.brasschecktv.com/page/392.html

***

One law for the billionaires? Tetra Pak heir and wife caught with crack cocaine and heroin won't face court. By Neil Sears. Times Online. 30th July 2008

A fabulously wealthy couple caught with a huge haul of cocaine, crack and heroin are to escape prosecution.

Eva Rausing, whose 45-year-old husband Hans is an heir to the multi-billion-pound Tetra Pak drinks carton empire, was caught trying to smuggle heroin and crack into a function at the American Embassy in London .

When police searched the couple’s £10million home in exclusive Cadogan Place , Chelsea , they found more crack and heroin – and £2,000 worth of cocaine.

Typically, addicts caught with such huge quantities of drugs will face a prison sentence. But at Westminster magistrates’ court yesterday, it was revealed that all charges are being dropped after a ‘protracted correspondence’ between their lawyers and the Crown Prosecution Service. Instead, they will each accept a ‘conditional caution’, which will probably involve them promising to attend drug misuse programmes. They will not even have criminal records, although the cautions will be recorded on police files.

Critics said the move adds to the belief among many observers that the rich and famous are ignoring drugs laws with impunity. When he took office, Metropolitan Police Commissioner Sir Ian Blair announced that middle-class addicts who snort cocaine at dinner parties are not above the law. But he was embarrassed when the force failed to prosecute model Kate Moss despite the publication of images of her snorting cocaine.

Last night, a spokesman for campaign group Europe Against Drugs said: ‘There is a general acceptance in society that cocaine use among celebrities is almost fine. It appears there is one law for normal people and another for celebrities.’ Neither Mr Rausing nor his 44-year-old wife appeared in court yesterday, when their solicitor made an extraordinary suggestion that the Press should be asked to leave to keep proceedings secret. The hearing was held in public as is usual. Before the hearing, Mr Rausing’s family issued a statement in which they said: ‘We hope with all our hearts that Hans K and Eva can overcome their addiction and we continue to do what we can to help.’

Court documents revealed that Mr Rausing was charged with possessing 0.2oz of crack cocaine, 0.1oz of heroin and almost 1.8oz of cocaine at his home. Mrs Rausing faced charges of possessing Class A and Class C drugs. But Martha Godwin, prosecuting, said the charges were being dropped, and police were issuing conditional cautions instead.

District Judge Timothy Workman said the drugs charges would be formally discontinued at a hearing next month. The Rausings’ solicitor Philip Smith, told the court: ‘That is a course that is acceptable to them both. ‘There has been a protracted course of correspondence from my office to the Crown Prosecution Service to enable them to make that very sensible decision.’

Mr Rausing stands to inherit the £5.4billion Tetra Pak empire built up by his Swedish father, also named Hans – who also lives in Britain . The family are said to have the seventh largest fortune in Britain . The Rausings own numerous properties, including a £50million estate in Barbados and a 3,000-acre retreat in East Sussex .

Mr and Mrs Rausing have contributed huge sums to addiction charities, and Mr Rausing was long believed to have dabbled in drugs. But only after American-born Mrs Rausing’s arrest did it become public that both were addicted to crack and heroin. After being arrested, Mrs Rausing, the daughter of a Pepsi-Cola executive, said: ‘I intend to seek the help that I very much need. I am ashamed of my actions.’

OFFENCE THAT CAN MEAN LIFE

The maximum sentence for possession of Class A drugs is seven years in prison. And those convicted of possession with intent to supply - charges which can apply even to those providing only their own friends and relatives with drugs with no intention of making any profit - can be jailed for life. The sentences sound tough, but in practice the maximum penalties are almost never imposed. And as drug consumption has soared, taking Britain to near the top of the European table for cocaine abuse, there has been a huge growth in the use of cautions instead of full prosecutions leading to conviction.

Labour’s downgrading of cannabis has led to a fall in prosecutions over possession of that drug, but those caught with small amounts of cocaine also have a good chance of escaping with a caution. Most people, however, would have a lot of explaining to do if caught with £2,000 worth of cocaine, plus crack and heroin.

Hans Rausing might have struggled to explain why he had so much cocaine for personal use, but with his enormous fortune he could argue that he had no intention of profiting from the stash. Figures show that when the Metropolitan Police choose to prosecute for drugs offences, they have a 95 per cent conviction rate.

www.dailymail.co.uk/news/article-1039493/One-law-billionaires-Tetra-Pak-heir-wife-caught-crack-cocaine-heroin-wont-face-court.html   

 

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