Thursday, November 20, 2008
German Government Drops Extradition Demand; British Judge Daphne Wickham Releases Holocaust Revisionist Scholar Dr. Fredrick Töben
The German government has blinked. On November 20th, 2008, the German government dropped its fight to extradite Holocaust revisionist scholar Dr. Fredrick Töben from the United Kingdom. Full story from the Times of London, the Daily Mail, and The Australian. Discussion on the Vanguard News Network Forum. All previous posts on this case HERE.
Dr Toben’s solicitor, Kevin Lowry-Mullins, confirmed today that the appeal had been withdrawn and that he had signed a consent order with the German Government to end the case. Mr Lowry-Mullins further explained, “The offence is not made out in the UK. If Dr. Töben had been extradited back to Germany for Holocaust denial, which does not exist as an offence in this country, then we would have found ourselves in a situation where hypothetically, the Iranian Government could have asked for all the gay Iranian asylum-seekers to be extradited back to Iran”. Mr Lowry-Mullins also stated that Andreas Grossmann, the German Mannheim district prosecutor handling the case, had been so confident of success at one point that he had bragged that Dr. Töben would be in Germany for Christmas.
The solicitor also explained he believed that the German Government had been shaken by comments he had made outside court after the discharge hearing. “I said, ‘We will go all the way to the House of Lords with this and let the House of Lords decide’. “But when the draft extradition act passed through the House of Lords in 2002, one of the questions was what would happen if someone was arrested on a European arrest warrant to be extradited to a country where Holocaust denial is an offence. The response was, ‘No, that will never happen.’”
Unfortunately, it almost did happen.
The controversial historian was arrested at Heathrow Airport on September 30th on a European Union arrest warrant accusing him of racism and anti-Semitism. German prosecutors were forced to appeal to the High Court after Britain refused to hand him over. Lawyers acting for the German Government had argued that Dr Toben, 64, the founder and director of the revisionist Adelaide Institute, should be extradited to face trial for posting claims on its website that there was no mass murder of Jews by the Nazis.
Daphne Wickham, a judge at Westminster Magistrates Court, ruled that the warrant used to arrest the Australian as he travelled from America to Dubai was “vague and imprecise”. But although Judge Wickham authorized bail for Dr. Töben, the conditions were sufficiently onerous as to preclude his release. Specifically, he was unable to raise the imposed £100,000 bail, and remained in custody awaiting the German appeal. Making the bail conditions so onerous was that in this case, a pledge to pay was insufficient to warrant release; Dr. Toben would have had to first actually hand the money over to the court.
Holocaust denial is illegal under Section 130 of the German criminal code, and offenders can face up to five years in jail, but the case caused unease in Britain, where there is no such law.
Mr Lowry-Mullins confirmed that Dr. Töben was still in the UK waiting for the return of his passport. However, Dr. Töben has not revealed whether or not he will continue his interrupted journey to Dubai or return to the United States. The last time it took seven weeks to go from the United States to Dubai was 150 years ago, in the days of wooden ships and iron men.
Dr. Töben, who founded the Adelaide Institute, was supported during his hearing by supporters including British historian David Irving and former Australian beauty queen Michele Renouf. When Dr. Töben was released, Mr Irving said: "We defeated Germany again; we've defeated Europe in fact. We've always believed in freedom of speech in this country, no matter how crazy people's views are". [Ed. Note: The "Germany" defeated this time is a DIFFERENT Germany than the previous edition. The previous "Germany" was considerably more patriotic, and never really wanted to go to war against Britain. The previous "Germany" even stood aside and allowed British forces to be evacuated from Dunkirk as a final gesture of "peace". This decision may have ultimately cost Germany the war. The present-day Germany is hardly patriotic.]
Even though Dr. Töben is finally free, the enemies of free speech have inflicted considerable damage upon him. Who compensates Dr. Töben for his lost time and the money he spent on legal representation? And this is a common tactic employed against dissidents; if they can't take them out altogether, at least wound them.