Arbeit macht frei: - Fredrick Töben

MR PERKINS: There is a statement which appears to be a statement of
fact in the first two lines of the part in bold capitalised type, which says:
Richard Pratt received a judge’s indulgence. That’s correct?
Dr Töben: It is.
MR PERKINS: Now, Dr Toben, would you tell his Honour when you
wrote that sentence – as it’s true that you did – what was your
understanding of what had happened?
Dr Töben: I have been in legal litigation for nearly one and a half decades,
and I’m following the law. I’m following developments, and only recently
Justice Marcus Einfeld was sentenced to prison …
MR PERKINS: Dr Toben, I’m not going to ask you about that. I would
like, please, for you to answer the question that I asked you. Now, I’ll ask
it again, if I may. The statement was: Richard Pratt received a judge’s
indulgence. What was your knowledge about the matter concerning
Richard Pratt when you wrote that part of the sentence?
Dr Töben: I spent last week in Melbourne, and the Herald Sun was full of
this matter. It was very interesting. There were, I think, eight pages of
pictures of various prominent individuals who visited Richard Pratt,
politicians, bankers, it was a who’s who in Australia, and for me that was
very interesting to see. And with that came the concept indulgence. If I go
back in my mind …
MR PERKINS: But just wait a moment, please. In what you read whilst
you were in Melbourne, was the word ‘indulgence’ used in relation …
Dr Töben: Yes.
MR PERKINS: …to Mr Pratt’s case?
Dr Töben: Certainly, yes.
MR PERKINS: And in what context? Are you able to tell us?
Dr Töben: It was in the context of having his criminal proceedings stayed
– this is how I understood it – to have it stayed, that apparently it’s at a
judge’s discretion to do this, on account of Mr Pratt dying.
MR PERKINS: Dr Toben, did the word ‘indulgence’ bring for you
certain other things to mind?
Dr Töben: Indeed. I thought of the period of history where we had a total
breakdown of the Catholic faith, where indulgences were sold, I think. It
was – this is what aroused me when I saw the word ‘indulgence.’ I didn’t
quite understand that, because – and I may add this – because if a man is
sick I fully understand that he should not be brought to court, something
that, of course, doesn’t happen to those who are labelled Nazi war
criminals.
MR PERKINS: The sentence – the question that you asked: Richard Pratt
received a judge’s indulgence. Will Toben receive the same? You asked
the question in that form, didn’t you?
Dr Töben: Yes.
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