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From Times Online
November 20, 2008
Holocaust denier Fredrick Toben wins German extradition fight
The German Government has backed down from its fight to extradite the Holocaust denier Fredrick Toben from Britain, it emerged today.
The controversial historian was arrested at Heathrow Airport last month on a European arrest warrant accusing him of racism and anti-Semitism. German prosecutors were forced to appeal to the High Court after Britain refused to hand him over.
Dr Toben’s solicitor, Kevin Lowry-Mullins, confirmed today that the appeal had been withdrawn and that he had signed a consent order with the German Government to end the case.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.”
Lawyers acting for the German Government had argued that Dr Toben, 64, the founder and director of the revisionist Adelaide Institute, should be extradited to face trial for posting claims on its website that there was no mass murder of Jews by the Nazis.
Daphne Wickham, a judge at Westminster Magistrates Court, ruled that the warrant used to arrest the Australian as he travelled from America to Dubai was “vague and imprecise”. Dr Toben was unable to raise the imposed £100,000 bail, and remained in custody awaiting the German appeal.
Holocaust denial is illegal under Section 130 of the German criminal code, and offenders can face up to five years in jail, but the case caused unease in Britgain, where there is no such law.
Mr Lowry-Mullins said today: “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 that Germany's chief state prosecutor handling the case had been so confident of success at one point that he had bragged that Dr Toben would be in Germany for Christmas.
The solicitor said today he believed that 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 the UK waiting for the return of his passport.
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