Judge throws Toben extradition case out of court

Posted by Guessedworker on Thursday, 30 October 2008 09:47.

District Judge Daphne Wickham ruled the warrant invalid today at the City of Westminster Magistrates’ Court in London, saying it contained inadequate detail about the offences. It neither states the name of the website nor where the propaganda is said to have been published from - only referring to the ‘world-wide internet’.

After discharging Toben, Judge Wickham granted him bail pending an appeal after imposing strict conditions which include a £100,000 security. Other conditions include residence at an approved address, written confirmation from the Australian High Commission of which passports he holds, and not to access the internet. He is also banned from giving press interviews.

Judge Wickham added that she had not been required to decide at this stage whether the alleged crimes were valid extradition offences.

Grey wavy-haired Toben, smartly dressed in a suit, appeared pleased on hearing the judge’s decision from the glass-fronted dock at City of Westminster Magistrates’ Court. The public gallery was packed with supporters of Toben.

So Dr Toben has been returned to his cell, pending his meeting the bail conditions and appeal by the German authorities. Round one in this particular fight against the globalisation of Jewish justice is in the bag.

But the appellant will certainly now review the grounds for dismissal and the prospects for modifying their warrant. It is interesting that, initially at least, they were so shy about making too much of the Adelaide Institute. They are attempting to create a very wide legal precedent, whereby it’s not just that the accused can be extradited for an offense committed in Britain which exists only under German law, but he or she - we should never forget the splendid Sylvia Stolz - can be extradited by the British courts for an offence committed anywhere which exists only in German law.

If my memory serves me right, this might have been much more straightforward for the German authorities had the Lisbon Treaty not been sidelined by the Irish “No” vote, and had the British government not secured an opt-out - I think - from the extradition provisions in the Treaty. In that sense, then, the Germans really are trying their luck. I suspect they know they are not going to win, and they will not appeal. Unless, of course, there is so much malice, they will do it anyway just to punish Toben.

But the final outcome should be clear to them. Without the defining elements of the Lisbon Treaty in place, and since the British courts do not promiscuously extradite people just anywhere for an offence which does not exist under British statute, an appeal must fail. Otherwise, it would open up the chaotic possibility that states with legal codes completely different to ours - Sharia, for instance - could similarly try their luck. That’s a direction the court could never take.

And all this before any consideration of the court’s duty to uphold freedom of expression!

Tags: Law

Comments:

Posted by Sacharite on Thu, 30 Oct 2008 12:40 | #

It’s too early to say as Jews have an uncanny way of getting laws to pervert their way. Toben might plausibly land before a masonic judge or a sayan.

Posted by Al Ross on Thu, 30 Oct 2008 15:03 | #

As each one of London’s Inns of Court boasts its own Masonic Lodge the chances of Toben’s appearing before a Freemason judge are not inconsiderable. However, it shouldnt be assumed that, just because Masonic ritual is based on Old Testament mythology, it necessarily follows that every ‘brother’ is a philo-Semite. One of the golf clubs in Scotland to which my late father belonged was full of his fellow masons but had a strict no admittance policy regarding Jewish membership. Surprisingly, perhaps, this particular club still maintains this policy.

Posted by Joe on Sat, 01 Nov 2008 05:17 | #

I thought the Masons were based on pseudo Babylonian and Egyptian mythology rather than the OT. Don’t they essentially claim that they are continuations of occult oriental religious practices.

Posted by Al Ross on Sat, 01 Nov 2008 07:36 | #

The characters mentioned in basic Freemasonry from degrees one to three are from the Old Testament tale ( 1 Kings, chapters 5,6 &7;) of the building of King Solomon’s temple.

Some Masonic symbols do hark back to ancient Egypt and I think the ‘all seeing eye’ might be one of them.

Posted by Fr. John on Sun, 02 Nov 2008 15:44 | #

“Die Gedanken sind Frei” - Lied des Verfangnis im Turm- Des Knaben Wunderhorn- Gustav Mahler.

When did the Germans forget their own heritage?

Posted by R CROSS on Mon, 03 Nov 2008 21:42 | #

When sarko’s euro-med comes into force in two years time,they will be able to extradite any-one to a muslim country to be tried by a sharia court for islamo-phobia,apart from the fact that we will be swamped by millions more muslims.personaly i am praying for a large meteor,centered on france,then the muslim scum can go back to thier self-righteous hovels and work for thier own living.

Posted by Fred Scrooby on Mon, 03 Nov 2008 22:33 | #

The plan as it now stands, R CROSS, is to import 56 million Bantus from Sub-Saharan Africa directly into Europe, flooding the place with Negroes, plus a mass of Moslems of any and all provenance (North Africa, the Near East, the Arabian Peninsula, the Persian Gulf, the Horn of Africa) literally and officially without upper limit, so that Europe be literally innundated with Arabs, mulattoes, and Negroes, then give these immigrants the whip-hand over the native whites, so as to make the latter subordinate in every way to the former. The final stage will of course be to outlaw whites procreating among themselves: any white woman discovered to be pregnant with a white instead of a Negro baby will be severely punished under Jewish statutes dealing with “hate” and, I have no doubt whatsoever, forcibly aborted; if not discovered until birth of the white baby prison for “hate’ will await the mother and who knows what will become of the infant: medical experimentation perhaps? Anything’s possible.

Orwell only predicted it. We’re actually living it.

Posted by Guessedworker on Sat, 22 Nov 2008 00:22 | #

From The Times:-

Holocaust denier Fredrick Toben wins German extradition fight

The Holocaust denier, Frederick Toben, has been released from custody after the German government gave up its legal battle to extradite him from Britain.

The controversial historian was arrested at Heathrow last month on a European arrest warrant accusing him of racism and anti-Semitism. German prosecutors were then forced to appeal to the High Court after a British Court refused to hand him over.

Kevin Lowry-Mullins, Dr Toben’s solicitor, confirmed today that the appeal had been withdrawn and he had signed a consent order with the German government to end the case.

Mr Lowry-Mullins told The Times: “Dr Toben was released from custody yesterday. He’s over the moon.”

... Mr Lowry-Mullins said: “The offence is not made out in the UK. If Dr Toben had been extradited back to Germany for Holocaust denial, which does not exist as an offence in this country, then we would have found ourselves in a situation where hypothetically, the Iranian government could have asked for all the gay Iranian asylum seekers to be extradited back to Iran.”

Mr Lowry-Mullins said the German chief state prosecutor handling Dr Toben’s case had been so confident of success at one point that he had bragged Dr Toben would be in Germany for Christmas.

But the solicitor said that he believed the German government had been shaken by comments he had made outside court after the discharge hearing.

“I said, ‘We will go all the way to the House of Lords with this and let the House of Lords decide’. But when the draft extradition Act passed through the House of Lords in 2002, one of the questions was what would happen if someone was arrested on a European arrest warrant to be extradited to a country where Holocaust denial is an offence.

“The response was, ‘No, that will never happen’.”

Mr Lowry-Mullins confirmed that Dr Toben was still in England waiting for his passport to be returned to him.

Posted by Captainchaos on Sat, 22 Nov 2008 05:26 | #

“The controversial historian was arrested at Heathrow last month on a European arrest warrant accusing him of racism and anti-Semitism.”

It appears good taste is illegal in Germany.

Posted by Fred Scrooby on Tue, 25 Nov 2008 02:13 | #

Sailer’s funny. From his blog today:

In an essay entitled “Never Forget. You’re Reminded” in today’s New York Times, film critic A.O. Scott cautiously raises the question of why there will be, once again, so many Holocaust-related movies opening during the upcoming Academy Awards season:

“The near-simultaneous appearance of all these movies is to some degree a coincidence, but it throws into relief the curious fact that early 21st-century culture, in Europe and America, on screen and in books, is intensely, perhaps morbidly preoccupied with the great political trauma of the mid-20th century. The number of Holocaust-related memoirs, novels, documentaries and feature films in the past decade or so seems to defy quantification, and their proliferation raises some uncomfortable questions. Why are there so many?”

Tough question … Let me think about it … No, I’m drawing a blank ...

http://blog.vdare.com/archives/2008/11/24/katyn/

Posted by Guessedworker on Thu, 27 Nov 2008 01:02 | #

“Germany to pursue Holocaust denier’s arrest”:-

BERLIN - Germany will continue to pursue a well-known Holocaust denier even after a British court ruled against his extradition and set him free, a German state prosecutor said Monday.

Gerald Fredrick Toben is wanted on charges of denying the Holocaust for articles posted to his Web site, said Mannheim prosecutor Andreas Grossmann.

... Although Toben is Australian and his Web site is hosted there, Grossmann said that German law allows for his prosecution here on charges of denying the Holocaust because the site can be accessed in Germany.

“England will not extradite him, but we will continue to attempt to have him arrested in other countries,” Grossmann said.

Posted by sample of a last will and testament on Sat, 14 Mar 2009 12:01 | #

Hi,

I agree that Toben’s views are disgusting, and fly in the face of know historical fact. However: Leigh Halford wrote: “Free speech is not about the right to lie. The holocaust happened. It is NOT opinion whether it happened.” Unless libel or slander against a living person has occurred, people should be free to assert anything they wish.
sample of a last will and testament