Holocaust denier called to account
Jeremy Roberts | February 28, 2008
HOLOCAUST denier Fredrick Toben faced accusations of criminal contempt of court yesterday after he claimed the Federal Court was part of worldwide conspiracy against him.
The call to lay criminal charge against Dr Toben came from counsel for Australian Jewish leader Jeremy Jones, in a long running Federal Court case aimed at removing Holocaust-denial material from Dr Toben's Adelaide Institute website.
In a document lodged with the Federal Court yesterday, Dr Toben, 62, claimed the court was a part of a plan to silence his controversial views on the Holocaust.
"This matter before the Federal Court of Australia is a Jewish conspiratorial matter designed to protect an historical lie," Dr Toben says, in notice of motion filed yesterday.
Going further, Dr Toben identifies two Jewish judges, Federal Court Justice Alan Goldberg and NSW Supreme Court Justice Stephen Rothman, and questions the integrity of the courts.
"Both (judges) have been heavily involved in propagating the Jewish Holocaust-Shoah, gives rise for concern that any kind of justice can emerge from proceedings that directly impact on a contentious interpretation of an historical event," he says.
Counsel for Mr Jones, Robin Margo SC, told the court that Dr Toben's comments were so serious as to attract a criminal action.
"This matter has passed from a civil contempt proceeding to serious criminal contempt," Mr Margo said.
Mr Margo told Justice Michael Moore, sitting in Sydney, that after six years of litigation from Mr Jones, it was time for criminal action to be taken by the court against Dr Toben.
"There must come a point in which a private litigant doesn't have to keep pushing the barrow for ever," Mr Margo said.
German-born Australian, Mr Toben, 62, spent seven months in a German prison in 1999 for breaching Holocaust denial laws on his website.
He represented himself yesterday in Adelaide, connected to the Sydney court by video link, responding to a civil contempt of court complaint by Mr Jones, a former president of the Executive Council of Australian Jewry.
Mr Jones is attempting to have Dr Toben honour a court undertaking, made in November last year, to remove references to Holocaust denial material on his website.
Mr Jones also wants Dr Toben to re-issue his apology, made last November, for breaching the terms of the 2002 decision by Justice Catherine Branson to remove the Holocaust-denial material.
Justice Moore adjourned the case to a date in April, ahead of a possible hearing in June.