freediver wrote on Nov 27
th, 2016 at 12:42pm:
https://en.wikipedia.org/wiki/Gerald_Fredrick_T%C3%B6ben
Töben rejects what he calls the "official conspiracy theory" that Germans systematically exterminated European Jewry. Töben has stated that "the current U.S. government is influenced by world Zionist considerations to retain the survival of the European colonial, apartheid, Zionist, racist entity of Israel."[33]
In 1994 he established the Adelaide Institute, which he directed until 2009. Töben and his associates at the Adelaide Institute have denied "being Holocaust deniers" in interviews conducted by Australian media, claiming they cannot deny that which never happened.[34]
On 10 October 2000, the Australian Human Rights and Equal Opportunity Commission ruled that the Adelaide Institute should remove website material the Commission considered racial hate speech.
On 17 September 2002, the Federal Court of Australia affirmed on appeal the application of Australian anti-racial hatred laws against speech on Töben's website. It did not, however, force Töben to apologise. The ruling in Toben v Jones (2003) 129 FCR 515, was one of the first applications of Australian anti-racial hatred laws to speech against religious groups.[35][36][37]
In 2005 in an interview with Iranian state television he indicated that it was his belief that "Israel is founded on the Holocaust lie."[38][39] In 2006 Töben attended the International Conference to Review the Global Vision of the Holocaust in Iran.
In 1998 Töben was imprisoned for nine months at Mannheim Prison for breaching Germany's Holocaust Law, Section 130, that prohibits anyone from "defaming the dead".[3]
In April 2009, Töben was found guilty of contempt of court for breaching a court order to refrain from publishing material on his website vilifying Jewish people. He unreservedly apologised for his breaches of court orders and said he would not withdraw his apology as he had in the past.[40] He appealed against the sentence, but on 13 August 2009 the Full Court of the Federal Court of Australia rejected his appeal, and he started his 3-month jail sentence, one week in maximum security-punishment block – first at Yatala Labour Prison, and later at Cadell Training Centre, a low security prison farm.[41]
The contempt arose from an action by Jeremy Jones, former President of the Executive Council of Australian Jewry. In 2012 Jones sought his court costs of more than $175,000 from Töben, who pleaded that he had no money. The Federal Magistrates Court declared Töben bankrupt and, consequently, his passport was confiscated.
So, your retraction and apology will be in your next post?
Quote:Those orders are the orders to which reference is made in the primary judge’s reasons (at [105], as extracted at [3] above) and to which Dr Toben has referred as a ‘gag’ order (see [22] below). Dr Toben unsuccessfully brought an appeal from Branson J’s decision. In subsequent proceedings heard by Lander J (Jones v Toben (2009) 255 ALR 238; [2009] FCA 354), Dr Toben was found to be in contempt both of Branson J’s orders and of an undertaking he had given to Moore J in the Federal Court in late November 2007 that he would abide by those orders. His breach of the orders and non-compliance with the undertaking was found to be wilful and contumacious, amounting to a criminal contempt for which Dr Toben was sentenced in May 2009 by Lander J to three months’ imprisonment. Dr Toben’s appeal against the severity of that sentence was dismissed in August 2009 (Toben v Jones [2009] FCAFC 104). In his affidavit of 29 October 2014 sworn in the defamation proceedings the subject of the present appeal, Dr Toben has deposed to this period of imprisonment for contempt of court ([18]).
Pausing there, it follows from the above that there is no room for dispute that Dr Toben has spent time in prison in Australia for criminal contempt constituted by the publication of material found to have racially vilified the Jewish people and which conveyed imputations including that there was serious doubt that the Holocaust occurred. Nevertheless, in the defamation proceedings before the primary judge (and before this Court), he contends that the imputations conveyed in the matter complained of that he spent time in prison in Australia for anti-Semitic activities and for Holocaust denial are false. Similarly, although Dr Toben has deposed to having spent five months in prison in Germany in 1999 on a charge of an offence under s 130 of the German Criminal Code of “defaming the memory of the dead” (for which he says he was sentenced to 10 months’ imprisonment but released on payment of a sum of money – [21]), and though he wrote in the Adelaide Institute newsletter of April 2006 (No 282), of this event, that he was “worked over by the German judicial system at Mannheim” where he was sentenced for “daring to discuss and dispute matters concerning the ‘Holocaust’”, Dr Toben asserts that the imputations conveyed by the matter now complained of in relation to his time in prison in Germany are false.
Link.