Toben wins first round
by: JTA - Last updated: 2008-11-03
An Australian revisionist historian has won the first round of a legal battle to avoid extradition to Germany, where he is wanted on charges of Holocaust denial.
Dr Fredrick Toben was granted bail Friday by the City of Westminster Magistrates' Court District Judge Daphne Wickham.
He must provide a $162,000 bail, report to police daily, give no press interviews and have no access to the Internet.
Wickham ruled that the European Union warrant under which Toben was detained since he was arrested while in transit through London's Heathrow Airport on October 1 did not contain enough details of the alleged offenses.
"I find that the particulars are vague and imprecise, I find the warrant invalid and therefore discharge the defendant," Wickham told the court.
But lawyers representing German prosecutors said they would appeal to Britain's High Court.
Toben, of the notorious Adelaide Institute, was delighted by the decision, along with his few supporters, including Holocaust denier David Irving.
"This shows that we defeated Germany again. We've defeated Europe in fact," the Associated Press reported Irving as saying. Toben, 64, was imprisoned in Germany in 1999 for similar offenses.
He is also currently embroiled in a legal wrangle in Australia, where he is awaiting the verdict of a contempt-of-court case brought by the
Jewish community over his alleged failure to follow a 2002 Federal Court order to remove all Holocaust denial material from his Adelaide Institute Web site.
The home page of his Web site this week directs all correspondence with Toben to "Her Majesty's Prison, Wandsworth, London."
Holocaust denial is a crime in Germany, but not in Britain, where Toben was arrested, or in Australia, where his Adelaide Institute Web site is hosted.