Arbeit macht frei: - Fredrick Töben

MR PERKINS: And what do you say as to why it was that you chose to
use that form?
Dr Töben: To point out that, for example, Marcus Einfeld, who was sick,
did not receive any indulgence. He was sent to prison, and now there’s
Richard Pratt, and now there’s here am I. It is a mere questioning of that –
our cases do reflect what is going on in the court, what is going on in a
judge’s mind. That for me is an important thing, and that will reflect
Australia’s justice system, how these difficult cases are handled by judges.
It’s not an easy task.
MR PERKINS: You asked the question on the document: What does this
tell us about Australia’s justice system?
Dr Töben: Indeed. That’s the future, the developments of these cases.
For example, the Einfeld case clearly illustrated that there was no
remission given, as such, for his prostate cancer. He had a similar
problem. He has faced similar problems. Now, Richard Pratt here is close
to death. I just found that it’s interesting how – or the problems the judges
have in deciding these cases. It’s very, very difficult. And as I maintain that
we are still in a common law country, where we can speak freely, and
openly, where thoughts are not criminalised, where we are free to
speculate, and hypothesise.
MR PERKINS: Dr Toben, in the affidavit which was filed today you
related that you were given certain advice about apologising for what his
Honour has found to be contempt of court, and you apologised?
Dr Töben: Indeed.
MR MARGO: Is there anything about that apology that you don’t stand
by?
Dr Töben: It is an unequivocal apology. This is why I’m rather amazed
that this item was brought into court this morning, because I cannot see – I
cannot understand why I’m not allowed to ask questions, express my
doubt about these things. I cannot – I cannot follow this. It is not a
wilfulness, it is accepting your authority, your Honour, but I cannot
understand why Mr Jones feels offended, or says that this is an offence. I
cannot understand that. I’m asking questions. I don’t understand that.
MR PERKINS: Now, Dr Toben, in the next paragraph of the affidavit
which was filed today, you accepted, did you not, that a failure to adhere
to, and comply scrupulously with orders of the Federal Court of Australia
undermines the entire system of – the entire judicial system; is that true?
Dr Töben: Indeed. And I would be the last one to challenge the system.
MR PERKINS: If your Honour pleases.
HIS HONOUR: Thank you, Mr Perkins. Yes, Mr Margo?