JEREMY JONES
Applicant
FREDRICK TÖBEN
Respondent
NOTICE OF MOTION
The abovenamed Respondent will at 9:00 am on the 6th day of February 2007 at Law
Courts Building, Queens Square, Sydney NSW move the Court for Orders that:
1. The matter be transferred to the Adelaide FCA Registry, or alternately
that the matter be heard per video link as was done for some hearings before
Justice C Branson.
2. The matter be stood down until the Respondent can secure competent
legal representation, something that he failed to do when Justice Branson heard
the matter.
3. The Court extends protection to members of Respondent’s family.
4. Such further or other orders as the Court deems fit.
DATED: Adelaide
17 January 2007
……………………………….
Dr Fredrick Töben
Respondent
To: Jeremy Jones
Slater & Gordon
11/51 Druitt Street
Sydney 2000
_____________________________________________________________________________
Filed by Dr F Töben Tel: 08.83310808
23 Caloroga Street Email:
toben@adelaideinstitute.org
Wattle Park 5066
Australia
_____________________________________________________________________________
Form 20
(Order 14, rule 2)
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. N327 of 2001
JEREMY JONES
Applicant
FREDRICK TÖBEN
Respondent
AFFIDAVIT OF FREDRICK TÖBEN
On 17 January 2007 I, Fredrick Töben, of 23 Caloroga Street, Wattle Park, in the
State of South Australia, retired teacher, say on oath:
1. I am the Respondent, and I received notification of this matter per
process server, Mr Kevin Moffatt, on 15 January 2007, at 20:30 hours. Owing to
my attending the Teheran International Holocaust Conference on 10-12 December
2006, I was not informed in time that there was to be a 5 December 2006 hearing
before this court. Process Server Moffatt advised on 15 January 2007 that he
first visited my residence on 29 November 2005. Colleague, Mr David Brockschmidt,
advised that the formal court notice arrived in an open envelope in the
residential mail box on 5 December 2006, the day on which the hearing was set
down. Mr Brockschmidt then advised Mr Joshua Goldshaft, Senior Coordinator,
Service Centre, FCA, Sydney Registry, that I was attending the conference in
Teheran. I view this matter as being a failed legal ambush because the tone and
demands set down in the Applicant’s 16 November 2006 Notice of Motion would have
most probably prevented my attending the conference with my passport being
forfeited on the false pretext that I would refuse to attend court and possibly
flee Australia. My response to such proposition is that the world is my prison!
Please be advised that ASIO, Adelaide office, is well informed of my movements
at any time. Annexed hereto and marked A is a copy of the letter I wrote to the
FCA Registry immediately upon my return to Adelaide.
2. That this matter be transferred to the Adelaide Registry of the FCA on
account of the alleged offence having been committed in Adelaide. I view the
fact that the Applicant had originally been granted Sydney as the place to be a
deliberate attempt to impose financial difficulties upon me. It is well known
that I do not have the financial resources to make such trips. If it is stated
that I seem to have the financial resources to travel, then it must be
remembered that those who invite me to conferences also pay for my travel costs.
I do not think Mr Jones will pay me my travel costs to attend his initiated
court hearings in Sydney. In the alternative I request that I be permitted to
attend court per video link-up as was done on a number of occasions when the
matter was initially heard before the FCA.
3. I have had problems – as have others who have been brought before the
courts by Zionist Australians – to find competent legal representation. The
current proceedings began in 1996 before the HREOC where Jeremy Jones refused
outright to conciliate. This authoritarian and absolutist mindset has
accompanied the proceedings to this day. I canvassed over twenty legal firms
operating Australia-wide, and could not find a single one that would help me at
the fact-finding stage of proceedings. I even tried individual counsels, as I
had done during the early 1990s when I won an appeal before the Victorian
Appeals Court, but only because I had a prominent QC, from NSW, write up my
Appeal.
i. HREOC – after Commissioner Kath McEvoy handed down her decision that I
delete offending material from our Adelaide Institute Internet website, I did
more than that. I deleted all material, and I began again.
ii. FCA – when the matter reached the FCA I failed to gain legal
representation and Justice Catherine Branson suggested I read books, etc. and
present my own defence, advice that sounded odd to me. I then decided to remain
silent because I knew that a judge cannot rely on material presented by an
unrepresented defendant. On 17 September 2002 Justice Branson then handed down
her Summary Judgment, wherein she essentially confirms the HREOC decision. The
alleged offending material had already been removed from the website, but I
again deleted all the material on the website, and I began again – this time
adding a disclaimer. In 2006 I also enrolled myself in the Law Faculty,
University of Adelaide. It did not surprise me that I failed by 4 marks the
subject controlled by Kath McEvoy, former HREOC commissioner. My journey into
becoming a law student soon made me realize that Justice Branson was wrong when
she implied law was easy because to be successful in this monopoly law business
means hard work.
4. I seek court protection from Jeremy Jones and his Zionists who wish to
harm me by mentally raping me through their action. I view this action as legal
and mental terrorism where the matter of free expression is at stake – and only
a competent legal mind can mount a competent defence. I have also been advised
that this matter is becoming political, and that members of the Howard Cabinet
expect me to ‘cool it’. How can I ‘cool it’ when this legal action remains alive?
Likewise it has been stated that there will be consequences for my siblings
because I dare ‘take on’ the Zionists.
Sworn by Deponent
at Adelaide
on the 17th day of January
2007
………………………….......
Deponent’s Signature
Before me:…………………………
_____________________________________________________________________________________
Filed by Dr F
Töben Tel:
08.83310808
23 Caloroga Street
Email: toben@adelaideinstitute.org
Wattle Park 5066
Australia
_____________________________________________________________________________________
_______________________________
Dr Fredrick Töben announcing his latest book
Fight or Flight - The Personal Face of Revisionism (2003)
_______________________________
THE AUSTRALIAN (JANUARY 17, 2007)
Holocaust disputer can't find a lawyer
by Pia Akerman and Richard
Sproull
HOLOCAUST revisionist Frederick Toben
is unable to find a lawyer to defend him against allegations
he has raised "serious doubt" about the Holocaust on his
Adelaide Institute website.
In a subpoena served on Monday night, Jeremy Jones - the
former president of the Executive Council of Australian
Jewry - asked the Federal Court to jail Dr Toben for
breaching four-year-old court orders because his website
suggests "it is unlikely that there were homicidal gas
chambers at Auschwitz".
Mr Jones also alleges the website imputes that Jewish
people who were offended by Holocaust denial or
challenged Dr Toben's theories were "of limited
intelligence".
It also claimed that some Jewish people "for improper
purposes including financial gain have exaggerated the
number of Jews killed during World War II and the
circumstances in which they were killed".
The subpoena calls for Dr Toben to be imprisoned for
contempt of orders made by Federal Court judge Catherine
Branson in September 2002.
But Dr Toben said he was working on his own defence
ahead of the February 6 hearing in the Federal Court in
Sydney.
"I am faced with the situation that I can't find a
lawyer to defend myself on this issue," Dr Toben said.
"(Mr Jones has) got two folders full of pages, nearly
1000 pages, all from the Adelaide Institute, proving
that I have contravened each one of those (orders). In
other words, it's a total free expression matter. This
is serious."
Dr Toben, who set up the Adelaide Institute in 1994
to pursue his cause, spent seven months in a German
prison in 1999 for inciting racism.
The retired Adelaide high school teacher said he
would not follow the example set by British Holocaust
revisionist David Irving and defend himself in court.
Mr Irving was recently released from an Austrian
prison after serving an 11-month sentence for Holocaust
denial.
Dr Toben has recently returned from Iran, where he
was a speaker at a two-day conference on the Holocaust
and dismissed as "mere puffery" historical evidence
proving mass killings of Jews by the Nazis' deadly
Zyklon-B gas.
He also told an audience that evidence of the Nazi
gas chambers was "the products of a feverish
pathological mind filled with pure hatred, mostly
directed against Germans and anything German ... the
product of an appalling state of ignorance of natural
and chemical processes".
Dr Toben met Iranian President Mahmoud Ahmadinejad,
among senior Iranian government officials attending the
conference.
The presentation was condemned as obscene
anti-Semitism by Jewish leaders.
_______________________________
Dr Fredrick Töben & Dr Claus Nordbruch on tour in Australia
Nordbruch states:
_______________________________
AUSTRALIAN JEWISH NEWS
(JANUARY 19, 2007)
February court date set for Holocaust denier
by Peter Kohn
HOLOCAUST-DENIER Dr Fredrick Töben will appear in the Federal Court of Australia
next month, charged with contempt of court.
The lawsuit, which was actioned by the Executive Council of Australian Jewry
(ECAJ) this week, alleges that Dr Töben violated a 2002 Federal Court order
barring him from publishing Holocaust-denial material, including that disputing
the existence of gas chambers at Auschwitz, on his Adelaide Institute website.
Contempt documents were served on Dr Töben in Adelaide on Monday night, with the
matter listed to come before the Federal Court on February 6.
ECAJ immediate past president Jeremy Jones, who as the organisation’s president
in 2002 is listed as the complainant in the case, will attend the Federal Court
hearing with the ECAJ’s senior counsel, Robert Goot SC, and ECAJ solicitor,
Steven Lewis.
The court is expected to set a timetable for the filing of evidence in reply by
Dr Töben. However, if he does not attend court, the ECAJ will apply to have the
matter set down for a hearing.
The ECAJ charges Dr Töben with continuing to publish Holocaust-denial material
on his website, despite the landmark ruling in September 2002.
At that time, Justice Catherine Branson ordered the removal of the material,
stating that it was likely to “offend, insult, humiliate and intimidate”
Australian Jews.
The judgment barred Dr Töben from publishing any similar material anywhere on
the internet or in any other way.
ECAJ president Grahame Leonard said Dr Töben’s online activities are “in open
defiance of court orders. We hope this will send a clear message to all who
preach Holocaust denial and revisionism.”
Jones told the AJN the Adelaide revisionist was “in breach of Australian law and
there has to be consequences for people who continue to act in breach of the law”.
“Every day there are people who are offended, insulted and are having their
quality of life diminished by racists.
“In Australia, we have federal law and no Fredrick Töben or anybody else should
feel they are above the law.”
Lewis said he expects Dr Töben to be in court on February 6 as “contempt of
court is a serious allegation”.
Failure to comply with the 2002 judgment could result in a prison sentence.
Last month, Dr Töben travelled to Iran for the state-sponsored conference on
Holocaust denial.
Dr Töben, who has been quoted in the Iranian press as stating that the Nazi
extermination of six-million Jews and the existence of gas chambers have not
been proven, told the AJN this week that Iranian President Mahmoud Ahmadinejad
has never called for the destruction of Israel.
“He has merely joined in prayers for the peaceful dismantling of the Zionist
state.”
Dr Töben said he will have trouble finding legal representation and sees the
lawsuit as “mental rape … mental imprisonment …If I go to jail, it will be an
extension of that mental rape.”
He served seven months in a German prison in 1999 for inciting racism.
Describing the contempt action as a “mere technicality” used by those who wish
to stop his “freedom of expression”, he said he will try to have the February 6
Federal Court sitting transferred to Adelaide to allay travel expenses.
_______________________________
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