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Arbeit macht frei: - Fredrick Töben

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51. Also, anyone can see, at www.rense.com, the complaint to the United<br />

Nations Human Rights Committee that was filed by solicitor Barbara<br />

Kulaszka on behalf of Ernst Zündel stating that he was kept in solitary<br />

confinement in Toronto for 2 years, with no charges presented, other than<br />

‘national security’ charges conducted in secret. Earlier, Zündel had been<br />

cleared of charges for publishing a book by Robert Harwood, Did Six<br />

Million Really Die? questioning the number of holocaust deaths.<br />

52. Then, according to Kulaszka, Canada deported Zündel to Germany,<br />

despite the fact that he had lived in Canada since 1958. In 2007, a<br />

German court convicted Zündel of the crime of holocaust denial, and<br />

sentenced him to five years in prison. Canada’s legal system being<br />

comparable to Australia’s, it is not unreasonable for people in this country<br />

to panic, rightly or wrongly, about the portent of the Toben case.<br />

53. In conclusion, this amicus draws attention to the fact that Toben v<br />

Jones has implications for persons that are not parties to the case. Those<br />

persons can be liberally identified as all Australian children and all<br />

Australian adults.<br />

Respectfully submitted by Mary Maxwell, Ph.D.<br />

* * * * *<br />

It was, of course, the wider implications that from the outset of my<br />

defending myself before the Human Rights and Equal Opportunity<br />

Commission–HREOC in 1996, which impacted upon my desire to have a<br />

lawyer competently present the matters of fact. But no-one was to be found,<br />

and as is the case in so-called Holocaust cases around the world, the<br />

matters of fact stage is fudged over quickly so that the matters of law can be<br />

dealt with in such a way that guarantees a conviction.<br />

The Brendon O’Connell case in Perth, Western Australia, appears to be<br />

heading towards such a pattern of injustice. Still, the fact that his role as a<br />

whistleblower on Israeli activities within our security agencies, should<br />

enable him to move beyond the racial discrimination parameters of the<br />

state’s legal system. He has still not been hoodwinked through the matters<br />

of fact stage of the proceedings in the District Court.<br />

I had over 20 witnesses and HREOC’s McEvoy ruled nearly all of them as<br />

irrelevant, as she ruled irrelevant my presenting matters of fact. For<br />

example, both Professor Arthur Butz’s The Hoax of the 20th Century and<br />

the Hayward thesis were silently swept under the carpet.<br />

140

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