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Töben sentenced to 3 months in Australian prison
Revisionist activist and author, Dr. Fredrick Toben has been sentenced to three months in prison for contempt of court. The Australian Federal Court ordered that Toben, 64, be imprisoned and pay legal costs after he continued to publish Holocaust revisionist material on the Adelaide Institute website in breach of court orders.
While on the surface, Dr. Toben is being punished for contempt of court orders, at the heart of this case is the question of free speech in Australia. Toben, the author of Where Truth is no Defence, I want to break free, told the court, "I am quite prepared to sacrifice my physical comforts for the sake of free expression."
Toben was joined in the court by a small group of family and supporters, including Peter Hartung, who will run the Adelaide Institute website in Toben's absence.
Justice Lander said he believed Toben had only apologized for the contempt because he was legally advised to do so. Lander said, "I do not accept that he is contrite for what he has done." "He always knew that his conduct would undermine the authority of the court and his conduct was calculated to achieve that effect."
Judge Lander granted a two-week stay so Toben's lawyer, David Perkins, could file an appeal. Robin Margo SC, representing Jeremy Jones, former president of the Executive Council of Australian Jewry, who brought the case against Toben said, "There is no real prospect of success in appealing either against the declaration or against the sentence."
Perkins said he wanted to make the appeal regarding Judge Branson's orders to Toben not to publish certain offensive material about the Holocaust and Jews on his website. Toben has repeatedly defended his freedom of expression since the court orders were made in 2002.
"Thoughtcrime does not entail death: thoughtcrime IS death."
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