Holocaust denial accused intended no offence, extradition hearing told

Australian historian challenges validity of German-issued arrest warrant after being held at Heathrow

An Australian historian wanted in Germany for alleged Holocaust denial "never sought to cause offence by his work," an extradition hearing was told today.

Fredrick Toben, 64, was arrested at Heathrow airport on October 1 over allegations that he published material on the internet "of an anti-Semitic and/or divisionist nature".

The German-born historian, who was travelling from the United States to Dubai, was detained by Scotland Yard's extradition unit after an EU arrest warrant was issued by the district court in Mannheim, Germany. It was alleged that between 2000 and 2004, Toben posted information online that denied, approved of or played down the mass murder of six million Jews by the Nazis.

Ben Watson, representing Toben, told the hearing at Westminster magistrates court, in London, that Toben "never sought to cause offence by his work" and he was "not right-wing or a nationalist".

Watson said his client "always understood that he was free" to pursue his research, which he described as establishing "the precise facts around the Holocaust and other academic events that are taboo".

Toben's lawyer questioned the validity of the EU warrant, saying his client should only be extradited if he committed the offence while "standing in Cologne market place or had posted the claims on a German website".

Melanie Cumberland, prosecuting, said there was enough information within the warrant to suggest that a full extradition hearing should take place: "The conduct alleged against this defendant is clearly indicated in the application."

She said that the offence of Holocaust denial was not specifically against the law in the UK, but offenders could be prosecuted under anti-racism laws.

The district judge Daphne Wickham remanded Toben in custody until a further hearing on October 29 when she will give her judgment on whether the case should be thrown out.

http://www.guardian.co.uk/uk/2008/oct/17/germany-australia