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Australian Holocaust denier’s lawsuit thrown out as “abuse of process”

According to the New South Wales Supreme Court in Australia, notorious “historian” Fredrick Toben wanted to use a defamation case against The Australian newspaper as a platform to argue that the Holocaust never happened, and to air his antisemitic views. The court dismissed his legal action as an abuse of process.

The Australian reports: “Justice McCallum found that Dr Toben’s own evidence under cross-examination persuaded her he had not the least interest in vindicating his reputation against imputations that he fabricated history about the Holocaust, was a Holocaust denier and was an antisemite with a racist anti-Jewish agenda who had been ­jailed in Germany and Australia.”

The judge said: “The defendants have established to my satisfaction that Dr Toben seeks by these proceedings to manipulate the process of the court to create a forum in which to assert the very views by the ­attribution with which he claims to have been defamed.”

Justice McCallum said that Toben appeared to deny he held any views on the Holocaust and was “merely a philosopher” interested in “philosophical discourse”. She rejected this as “cynical and disingenuous”.

“It is a transparent rhetorical device in which Dr Toben’s own anti-Semitic views are deliberately attributed to a straw man … so as to enable Dr Toben to record views he plainly espouses on a pretended lawful basis,” she said.

She noted that as recently as last December he had published material on his website questioning the history of the Holocaust.

Source: The Australian

By Everyday Antisemitism

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