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Arbeit macht frei: - Fredrick Töben

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Dr <strong>Töben</strong>: This is why I withdrew my apology. This is why …<br />

MR MARGO: You were represented by a barrister. Dr Toben, is it or is it<br />

not true that you were represented by a barrister on the day you appeared<br />

before Moore J, and that he had advised you before you gave the<br />

undertaking?<br />

Dr <strong>Töben</strong>: And he said that you asked …<br />

MR MARGO: Is that true or is it not true?<br />

DR <strong>Töben</strong>: … and you asked not for an apology …<br />

HIS HONOUR: Dr Toben? Dr Toben …?<br />

Dr <strong>Töben</strong>: --- because you didn’t want to humiliate me, so I was to give an<br />

apology to the court.<br />

HIS HONOUR: Dr Toben …?<br />

Dr <strong>Töben</strong>: And who wrote up the apology.<br />

HIS HONOUR: Dr Toben?<br />

Dr <strong>Töben</strong>: Sorry, your Honour.<br />

HIS HONOUR: Dr Toben, you are here to answer questions, not to<br />

make speeches, and you are here to comply with my directions?<br />

Dr <strong>Töben</strong>: Yes, your Honour.<br />

HIS HONOUR: You will do both. You will answer the question and you<br />

will comply with my direction?<br />

Dr <strong>Töben</strong>: Yes, your Honour.<br />

HIS HONOUR: You will not make speeches. Yes, Mr Margo?<br />

MR PERKINS: Your Honour, may I raise …<br />

MR MARGO: Dr Toben, it’s correct that you were …<br />

HIS HONOUR: Sorry, Mr Margo. Just a minute Mr Margo. Mr Perkins?<br />

MR PERKINS: Your Honour, the way in which the ruling that your<br />

Honour just made was expressed, was, with respect, not – I put it, with<br />

respect, but it was not made in a way that Dr Toben might be calculated to<br />

understand. Now, if I may say so, it’s necessary that Dr Toben be<br />

permitted to explain what his position is, and it may be that it’s not a<br />

process which will, in the end result, assist him. But, your Honour, he’s<br />

being asked some questions – and there have been several of them –<br />

which have asked for explanations, but then, in my respectful submission,<br />

he hasn’t been permitted to give them. Whether you might find them …<br />

HIS HONOUR: Mr Perkins? Mr Perkins, just a moment, please. Mr<br />

Perkins, my impression of Dr <strong>Töben</strong>’s evidence at the moment is that he<br />

is arguing with Mr Margo and that is not useful in my determining any<br />

issue which I need to determine. At the moment he is arguing with Mr<br />

Margo, he is also not answering Mr Margo’s question directly which is<br />

prolonging this cross-examination. I have advised Dr Toben that he is<br />

here to answer questions and he should answer questions directly. That is<br />

the same advice I would give any other witness, and Dr Toben is<br />

intelligent enough to understand, I think, that direction. He should answer<br />

73

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