Fredrik Toben wins UK fight over extradition to Germany

AUSTRALIAN Holocaust denier Fredrik Toben has won his legal battle with the German Government after it ended its attempt to extradite him from Britain.

German prosecutors have withdrawn their appeal against a British court's refusal last month to extradite the controversial historian, who was detained at Heathrow airport on a European arrest warrant for denying the extent of Adolf Hitler's crimes against the Jews.

Dr Toben's solicitor Kevin Lowry-Mullins said early today that he had signed a consent order with the German Government to end the action against his client.

Dr Toben had been expected to face a tough legal fight over his extradition early next year in the High Court inLondon.

He was arrested while in transit atLondon's Heathrow airport on October1 under a warrant accusing him ofracism and publishing anti-Semitic views.

But Westminster Magistrates Court district judge Daphne Wickham ruled the extradition could not go ahead because the warrant contained only "sparse" details about Dr Toben's alleged offences, including exactly what they were, as well as where and when they took place.

"This judgment makes no determination as to whether the (alleged) conduct (of Toben) ... amounts to an extradition offence," Judge Wickham said.

"But I do find the particulars in the warrant are vague and imprecise. Therefore I don't find it to be a valid warrant and I can discharge the defendant."

Granting Dr Toben bail, the judge laid down a set of strict conditions including that he come up with pound stg. 100,000 ($247,465) in cash as security. He had to reside at a specific address approved by British authorities and report daily to police but not use the internet, speak to the media or attend public meetings.

Dr Toben's lawyers had argued that the arrest warrant was fatally flawed because it did not detail the time and place of the alleged offences, nor the 64-year-old's exact involvement.

Lawyers acting on Germany's behalf had said Dr Toben should be extradited so he could be put on trial for posting anti-Semitic and revisionist material on the internet between 2000 and 2004 in Australia, Germany and in other countries.

The case caused alarm in Britain about freedom of speech because, unlike in Australia and Britain, Holocaust denial is a crime in Germany and offenders can face up to five years in jail. Dr Toben, who founded the Adelaide Institute, was supported during his hearing by supporters including British Holocaust denier David Irving and former Australian beauty queen Michele Renouf.

When Dr Toben was released, Mr Irving said: "We defeated Germany again; we've defeated Europe in fact. We've always believed in freedom of speech in this country, no matter how crazy people's views are."

German prosecutor Andreas Grossmann, the Mannheim district prosecutor handling Dr Toben's case, had told The Australian that he expected Dr Toben to be on trial in Germany early next year.

Mr Grossmann also warned that, although most prisoners in Germany served a third to a half of their sentences, the stubborn refusal of long-term Holocaust revisionists to recant their views meant they usually failed to win parole.

"These people have little chance of getting out before the end of their full sentence," Mr Grossman said.

As a foreign citizen, Dr Toben would normally be sent back to Australia halfway through any sentence to serve the remainder of his term, but that move, too, would be threatened by a refusal torecant.

http://www.theaustralian.news.com.au/story/0,25197,24684208-2702,00.html