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Arbeit macht frei: - Fredrick Töben

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HIS HONOUR: Just a minute. Dr Toben, answer the question please.<br />

Do you agree with the proposition?<br />

Dr <strong>Töben</strong>: It is a nonsense.<br />

HIS HONOUR: Thank you. What indulgence …<br />

MR MARGO: And I …<br />

HIS HONOUR: Just a minute, Mr Margo. What indulgence are you<br />

seeking?<br />

Dr <strong>Töben</strong>: I’m seeing for the first time …<br />

HIS HONOUR: No. What are you seeking?<br />

Dr <strong>Töben</strong>: I’m not, your Honour.<br />

HIS HONOUR: Well, you asked, ‘Will Toben receive the same?’<br />

Dr <strong>Töben</strong>: This is the point. We will see the justice system. It’s working,<br />

and what is will be. I’ve accepted that.<br />

HIS HONOUR: Dr Toben, Dr Toben, the words are: Richard Pratt<br />

received a judge’s indulgence – which he sought – will Toben receive the<br />

same? Are you seeking an indulgence?<br />

Dr <strong>Töben</strong>: No, your Honour.<br />

HIS HONOUR: What’s the point of the question then?<br />

Dr <strong>Töben</strong>: The point is this goes for - the indulgence flows into the other<br />

question: What does this tell us about Australia’s justice system? My case …<br />

HIS HONOUR: But the second question is dependent upon the first?<br />

Dr <strong>Töben</strong>: But also on the third. The third indicates what is – because,<br />

your Honour, we’ve got problems in the judiciary all over the world, but in<br />

my case it is a special case because we’re bringing all sorts of things in, and<br />

therefore I simply see Marcus Einfeld Js case, Richard Pratt’s case and my<br />

case. Now, indulgence, I asked Mr Perkins could I ask for an indulgence,<br />

almost like a throw-away line. This is …<br />

HIS HONOUR: What indulgence are you seeking?<br />

Dr <strong>Töben</strong>: Well, I don’t know. I haven’t even gone beyond that. I simply<br />

know that the word ‘indulgence’ - hey, what’s going on?<br />

HIS HONOUR: Very well. You’ve answered the question. You don’t<br />

know what you’re asking. Yes, Mr Margo?<br />

MR MARGO: Dr Toben, are you aware of what religious tradition Mr<br />

Pratt is a member of?<br />

Dr <strong>Töben</strong>: Yes. He’s Jewish. My association …<br />

MR MARGO: Is it mere coincidence ...?<br />

Dr <strong>Töben</strong>: So my association …<br />

MR MARGO: Is it mere coincidence that the two cases you say came to<br />

mind, that’s Mr Pratt’s case and Einfeld Js case …<br />

HIS HONOUR: Mr Einfeld’s, Mr Einfeld’s please.<br />

MR MARGO: … that both of those persons are Jewish?<br />

Dr <strong>Töben</strong>: Are you feeling persecuted? Please don’t start that.<br />

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