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Arbeit macht frei: - Fredrick Töben

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MR MARGO: You may not recall the date. Do you recall an article<br />

appearing in the Australian, ‘Holocaust denier, <strong>Fredrick</strong> Toben, vows to<br />

defy judge?’ It’s at page 218 of exhibit …?<br />

Dr <strong>Töben</strong>: Oh, yes, yes, yes. I was – yes. This vow is to defy, yes. That’s<br />

not my statement.<br />

MR MARGO: And you declared that you would go to gaol, rather than<br />

pay a fine, if the Federal Court found you guilty of publishing material<br />

denying the Holocaust?<br />

Dr <strong>Töben</strong>: Yes, indeed.<br />

MR MARGO: Do you recall …<br />

HIS HONOUR: Just a minute. Just a minute. He didn’t say that. He was<br />

reported as saying that.<br />

MR MARGO: Did you say to the person who wrote this article words to<br />

the effect that you would rather go to gaol than pay a fine if the Federal<br />

Court imposed one on you?<br />

Dr <strong>Töben</strong>: I spoke even before that interview, talked about this, if a fine<br />

was imposed, because I have no money, and couldn’t even pay your<br />

$220,000 costs that you were asking for. I – I – the next step is going to<br />

gaol, because that’s what happens.<br />

MR MARGO: Dr Toben …?<br />

Dr <strong>Töben</strong>: I – I have no means.<br />

MR MARGO: … that’s an evasive answer?<br />

Dr <strong>Töben</strong>: I have no money.<br />

MR MARGO: Dr Toben …<br />

HIS HONOUR: Just a minute, Mr Margo …<br />

MR MARGO: That is an evasive answer.<br />

HIS HONOUR: Mr Margo, just a minute, just a minute.<br />

MR MARGO: Dr Toben, if you look at page 218 of the document, which<br />

is said to be the …?<br />

Dr <strong>Töben</strong>: Yes.<br />

MR MARGO: … said to be what was published in The Australian on 14<br />

April?<br />

Dr <strong>Töben</strong>: ‘Wall Street’ – oh, Business Australian. I’m not aware of this<br />

article. Oh, Pia Akerman, yes.<br />

MR MARGO: Yes. If you look at the fourth paragraph you’re quoted as<br />

saying, ‘If I’m found guilty, and a fine is handed down, I will, on principle,<br />

refuse to pay the fine, so that means I will have to go to gaol, go in, he…?<br />

Dr <strong>Töben</strong>: Yes. Yes.<br />

HIS HONOUR: Mr Margo’s question is, did you say that?<br />

Dr <strong>Töben</strong>: Yes.<br />

HIS HONOUR: Thank you. Yes, Mr Margo?<br />

MR MARGO: And is that still your position?<br />

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