Arbeit macht frei: - Fredrick Töben

order which Branson J made, which says you were not to publish the
document about the Adelaide Institute, which was confusing?
Dr Töben: That’s what – if you remember, your Honour, I wrote a lot of
affidavits which was going to present my case.
MR MARGO: You didn’t …?
Dr Töben: And this document I removed, of course. As you know I
removed, in 2000, out of the Human Rights Commission I removed all
the material from the website, as I have now; it’s wiped. This document I
found on the internet, and I wanted to show that I had nothing to do with
it. That the item - which, by the way, the Germans also used in their
proceedings against me, so the Commissioner McEvoy used it as well, and
Branson J used it – that this document, although it’s not on our website,
it’s on this Way Back material – other material, other websites that I have
no control over. I have never been in contact with The Way Back
machine, your Honour.
HIS HONOUR: I see.. Yes, Mr Margo?
MR MARGO: But you did put links on your website to that document
when you found it, didn’t you?
Dr Töben: Indeed, and if I may say this, I may add …
MR MARGO: I take it the answer is yes, you did put the links, you admit
that?
Dr Töben: Because …
MR MARGO: I don’t want the reason, Dr Toben?
Dr Töben: Why not? Why not? Let the court hear?
HIS HONOUR: No, no.
MR MARGO: You did accept, I think, that you put links on your website
to that document when you found it. And I put it to you that at the time
you did so, you knew - because you’ve told his Honour that you
understand that part of the order – you knew that it would be in breach of
the order?
Dr Töben: Not at all, the linking was done - and if you follow the material
when I gave the apology, the initial apology, that I then withdrew – that
apology, the way I understood it with Mr Charman, that I gave that
apology but then the link material was brought in when we had not
discussed the matter of linking, because this is a fundamental censorship
mechanism of not linking. In Germany you’re not allowed to link. If you
link …
MR MARGO: Dr Toben, please don’t continue on this line. His Honour
has made a ruling about that. What I put to you is that at the time you
gave the undertaking, and the undertaking referred to material including
links, you had legal advice, didn’t you?
Dr Töben: Not the linking, Mr Margo. This is why I withdrew …
MR MARGO: You had legal advice -…?
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