Arbeit macht frei: - Fredrick Töben

HIS HONOUR: Yes, I do.
MR MARGO: We object to paragraph 21 and paragraphs 31 to 73.
HIS HONOUR: On relevance?
MR MARGO: Yes, on relevance. The time, 21 is offering a kind of
excuse which could have been offered on the main hearing. And when I
say 31 to 73, from 31 first so numbered because the numbering comes
around, but right through to 73, we don’t object to the last two paragraphs
which could be relevant on penalty.
HIS HONOUR: Yes. Well, then I …
MR MARGO: And we don’t object to one to 20 because – or 22 to –
because they are but antecedents of a person who is up for penalty.
HIS HONOUR: The last two paragraphs of the affidavit of the 27 th
says:
As at the time of swearing this affidavit I am unable to complete my
account of relevant matters, and I’m advised that I should provide so
much of my account.
Are they the paragraphs you’re referring to which you don’t object to?
MR MARGO: Yes, we don’t object to those two. We don’t think they go
anywhere, but it’s something that could be said to the court on this
hearing. We object to paragraph 21 and all paragraphs from 31 first so
numbered to 73.
HIS HONOUR: Yes. And as to the second affidavit?
MR MARGO: We object to all but the – in paragraph 2 we object to all
but first sentence, and I object to four through to 26 inclusive.
HIS HONOUR: Yes.
MR MARGO: In other words, to everything that tries to go into the whole
history of the proceedings for the original proceedings starting with
HREOC and leading through to the judgment of Branson J.
HIS HONOUR: But you don’t object to paragraph 27 and following?
MR MARGO: No.
HIS HONOUR: Thank you. Mr Perkins, what is the relevance of the
material in the first affidavit from paragraph 31 onwards?
MR PERKINS: Your Honour, has some material which criticises Dr
Toben for what has been said to be is failure to cooperate. The material
that is in paragraphs 31 and following discloses in point of fact that Dr
Toben was not uncooperative, and it discloses that by dealing with the
steps that happened and shows that he somewhat proactively cooperated
and attempted to assist the progress of the matter. And if you were not to
read or to have that material, it may well be that you will feel constrained
to treat Dr Toben in the fashion in which he has previously been
described, that is as a person who has not cooperated.
Now, I propose to put a number of things which I will contend should
constrain the discretion that your Honour has to deal with Dr Toben, and
I wish to put, amongst other things, that Dr Toben did have things that he
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