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Arbeit macht frei: - Fredrick Töben

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MR PERKINS: No, and<br />

SPENDER J: There is nothing that you are aware of which permits us to<br />

do that?<br />

MR PERKINS: I think those are my submissions, if the court pleases.<br />

SPENDER J: Very well. Mr Margo?<br />

MR MARGO: I don’t know if your Honours would be assisted by any<br />

further submissions on the evidence that there is of enmity. I think<br />

Gilmour J<br />

SPENDER J: It’s a matter for you to rob your own stage coach<br />

MR MARGO: I’m sorry, your Honour?<br />

GILMOUR J: Well, I raised it, Mr Margo, and I’m satisfied that it’s not a<br />

matter that was weighed by his Honour in sentencing Dr Toben.<br />

MR MARGO: On the Wayback machine, your Honours, I just mention<br />

that at page 2083, this is ground 5 that my learned friend addressed, is a<br />

cross-examination about that and what it showed was that Dr Toben went<br />

searching for this document on the World Wide Web and when he<br />

found it he put links to it. Ground 9 on the distinct – the orders make no<br />

distinction between publication of material of which Dr Toben is the<br />

author and material from other sources. May I take your Honours to page<br />

1156 of the appeal book; this is a document to which Dr Toben, in his<br />

capacity as editor, made available through the website. It was seen there by<br />

Mr Jones on 24 April 2008. It’s not the subject of a charge, but it’s part of<br />

what the material his Honour had before him when he considered<br />

contumacious and defiance<br />

SPENDER J: What page number again, please?<br />

MR MARGO: 1156. And for the affidavit referring to this material it’s<br />

paragraph 12 at page 930 if your Honours need to go there. All it says is<br />

that Mr Jones saw this on the website on 24 April 2008 and the day –<br />

shortly before – there had been a directions hearing before the court and<br />

Mr Jones has referred to the reference to world wide conspiracy against<br />

Frederick Toben, the Australian High Council of Jury and their revered<br />

leader with a picture of Mr Jones at 1157. The lawyer demands that<br />

Toben be imprisoned and at the bottom of page 1157 in a document<br />

lodged with the court was part of a plan to – and then a quote from Dr<br />

Toben which came from a written submission he had put on the web:<br />

This matter before the Federal Court of Australia is a Jewish<br />

conspiratorial matter designed to protect an historical lie.<br />

It’s said elsewhere: There’s plenty of material that the Federal Court is<br />

being used as a proxy by Designer Racists. Lower on page 1158 he<br />

questions the Jewishness of the court and a quote again from his<br />

submission – he seemed to think that Rothman J was a judge of this court:<br />

Both judges give rise for concern that any kind of justice can emerge from<br />

proceedings that impact on a contentious interpretation of historical event.<br />

121

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