Home Australia The Courts Should Not Be Political – What of the Fredrick Toben...

The Courts Should Not Be Political – What of the Fredrick Toben Case?


rubin holocastFredrick Töben, PhD, climbing out of the hole into which gas was reportedly piped as a means of exterminating humans at Auschwitz

by Mary W Maxwell, PhD, LLB

Upfront disclosure: Fredrick Töben is a friend of mine. We recently dined at the Public Schools Club in Adelaide. Be that as it may, I won’t ‘recuse myself’ from criticizing Monday’s ruling by NSW Justice Lucy McCallum. She plainly got it wrong. (And she knows it, of course.)

Per today’s Australian:

“Notorious historian Fredrick Töben wanted to use a defamation case against The Australian as a platform to argue the Holocaust never happened and to air his anti-Semitic views, the NSW Supreme Court ruled yesterday as it dismissed his legal action as an abuse of process.”

Dr Töben had sued The Australian and other parties for defaming him. It goes without saying that one cannot win in court against Rupert Murdoch.  For some years now there has been no country maintaining the Rule of Law. All courts are political. Rupert himself runs US, UK, and – the land of his birth — Oz.

Fredrick Töben’s Bio

Actually you can’t win against Fredrick Töben either. Sure, you may order him to prison, as an Australian federal judge did; you may take away his house and savings as the courts did; you may prevent him from litigating a legitimate plaint, as Judge McCallum did this week, but Fredrick is pretty irrepressible.

He was born in Germany and raised on a farm in Victoria.

He got his PhD from Stuttgart in Philosophy, as such. I do not enjoy arguing fine points of epistemology with him, as I think life is too short and we must get on with it. Still, he patrols the Dewey Decimal 110-190 section of the library, and I imagine he is competent there.

He is definitely competent in studies involving the concentration camp in Poland, well known to my generation in America, mainly through Hollywood, as Auschwitz. I presume he knows that people suffered terribly there.

Even if Auschwitz was a labor camp, not a death camp, who wants to live in a labor camp? Who even wants to be away from one’s home?

Töben himself has been imprisoned in a labor camp. It’s in Cadell, South Australia. His job was painting fences. The only problem was that being 65 years old, he came ‘home’ from ‘work’ at 4pm so exhausted as to need to sleep, and thus missed the evening meal every day. He was as thin as a rail upon liberation.

We’re talking Adelaide here, folks. Going to prison for thought crime! Can’t have this. It is an extremely serious matter. The only lucky thing is that we can still talk about it. One day soon we won’t be able to. Think about it, please!

A Word about the Figure “Six Million”

Fredrick Töben many years ago came across such leading lights of Revisionist History as Ernst Zundel (don’t get me started on what my native land did to him, OK?) and Robert Faurisson. It is easy to see how a German-born person would be fascinated to discover that the history of the Holocaust has never been ‘done’ as history.

That was admitted to by Raul Hilberg, the very man who gave the world the figure of “6 million dead.” Hilberg (1926-2007) admitted back in 1986, that the concentration camps had never been studied. I personally can’t rally to the support of the famous 6 million figure, if in fact it was not arrived at in the way we expect statistics to be arrived at.

Also, about ten years ago, I was startled to read in a book published in the 1920s that “six million Jews” had died. Sort of prescient, eh? But now I see, from dear old Youtube, that many publications prior to 1942 mentioned that figure.

So I am going to chalk it up to being metaphorical. Like, in my Catholic religion, nine choirs of angels. Not eight, not ten, but nine. And don’t forget: we’re infallible.

A Word about One Concentration Camp

Dr Töben undertook to go to Auschwitz and make a physical examination of the camp there. No, I should be more precise: he studied one building. I have never discussed this with him. (I’ve seen him describing his investigation on Youtube).

To my knowledge, Fredrick has no quarrel with any of the camps save Auschwitz, and no quarrel with any of the buildings at Auschwitz, save the one that is displayed to tourists as having been the place where many people (both Jews and Gentiles) were gassed.

I take it from my interactions with Töben that he is an honest man (trust me, he is annoyingly honest). Perforce, if he tells me – via Youtube – that he checked something out, I will believe him. Anyway, I judge from my own behavior that honesty is related to the desire to keep up one’s reputation.

So, let’s venture to guess that if he examined the room and found that it did have the possibility of being a gas chamber, he would not be so stupid as to broadcast a lecture to the opposite effect. (Would you?)

How Töben Got the Law on His Back

I do not know the history of Töben’s time in a Mannheim prison. It may be related to Robert Faurrison’s publications on Auschwitz. Nor do I know much about Töben’s 2-month stay in a London jail.

He was hauled off a plane at Heathrow, but it was only a holding while a decision was made about extradition. The decision was to not extradite.

I do however know his legal adventures in South Australia. When I first attended Fredrick’s case, I didn’t know him from a bar of soap. Being a law student, I assumed that hordes of university people would show up to throw some ballast into this free-speech travesty. Boy, was I wrong.

Here is the gist. Töben created a thingie called The Adelaide Institute. (No breach of law there, folks.) He set up a website, AdelaideInstitute.org. I found it disgraceful and a real turn-off. It seemed to me that Töben mocked Jews every chance he got — sometimes deservedly but often gratuitously.

Be that as it may, he is entitled to say whatever he likes. The right to freedom of speech is basic to the political power of the citizen. Perhaps it is the most basic right.

After all, if a powerful person, not mentioning the name of Rupert Murdoch, or Genghis Kahn, or anyone else, wants to harm you, your only comeback may be to say what you need to say, and hope others will hear you and form an alliance. Free speech, hooray!

The “Human Rights” Commission

In 1986, Australia set up a Human Rights Commission to which anyone can bring a grievance. The commission can make a recommendation for the resolution of the case. A man named Jeremy, claiming to represent “the Jews,” filed a complaint about the aforementioned disgusting website.

Had I been the judge (actually a Commissioner is not quite a judge), I’d have said “Look, Jeremy, it may be best to let Fred stew in his own juices.” I would also have said “Fred, ol’ fellow, here in Oz we try to be civil. How about you stop posting insulting anti-Jew cartoons on the website.”  I’d probably say “Go on, you two, kiss and make up.”

Instead, an order was made for Adelaide Institute to stop publishing certain things re the Holocaust and whatnot. As Töben did not approve of the order, he disobeyed it. (He did a Tom Paine, so to speak.)

Jeremy then took him to court (I think it was over noncompliance with the HRC’s order), whereupon a judge made a similar order to desist with the website.

When you-know-whom disobeyed, he was in contempt of Court. He was not given the chance to say that the offending stuff about the Holocaust was provably true. Hmm.

In any case, he had to sell his house to pay the $75,000 in costs. Later, someone bequeathed around $60k to Töben, but he also had to hand this in. And he had to do labor (painting fences) for 3 months.

My Views on Holocaust Denial

I have published many articles expressing my disapproval of any law, in any country, that tells people they must refrain from doing research. Censorship is out-and-out oppression.

More than that, there is a movement, worldwide, to punish anyone who treads on the particular sacred ground known as the Holocaust. It is causing all sorts of problems, especially in Europe.

An example is the case of 87-year-old Ursula Haverbeck who says “Don’t tell me to shut up. I have done all the right things by asking the Jewish community to explain to me where the 6 million bodies are buried” – that sort of thing. “Stop intimidating me.”

The Fredrick Töbens of this world, and the Ursulas and Ernsts, etc, probably think “the Jews” are causing these laws to be made. In 1985, Germany added Section 130 to its criminal code, making Holocaust denial and even Holocaust ‘minimization’ a crime. The crime involves “inciting to hatred” — something none of our Western leaders would do against Muslims, of course (not mentioning the name ‘Tsarnaev’).

Note: I don’t even accept as decent law the part of Section 130 that has nothing to do with religion: (4) Whosoever publicly or in a meeting disturbs the public peace in a manner that violates the dignity of the victims by approving of, glorifying, or justifying National Socialist rule of arbitrary force shall be liable to imprisonment not exceeding three years or a fine.”

But I differ from the rest as to who the real target is. To me it looks almost certain that this Holocaust denial thing is a big set-up, scheduled mainly to harm Jewish people. Honest, I can smell it. In Germany today there is much agitation. I sure do hope Jews will come out and discuss the whole matter.

So there you have it. My interest in the matter today has to do with protecting my Jewish comrades. Furthermore, we need the famous Jewish drive for justice, which seems somehow stuck in a quagmire. (Perhaps owing to the outrageous bombing of Gaza?) Contact me if you care to discuss!

Töben’s New Case, re Defamation

About a year ago, The Australian labeled Fredrick Töben “a Holocaust denier and an anti-Semite.” He sued for defamation. He does not “deny the Holocaust” (as mentioned, he has a specific quarrel with a gas chamber).  As for the term “anti-Semite,” let him go to court. The person accused of defaming Töben can say “Yep, I’ve got the proof and here ’tis.”

This is normal in a defamation case. Each party risks money. The defamed could win damages, but if he loses he is faced with court costs. The accused defamer (G’day, Rupe!) should have no choice about going to court. “These things happen.”

Of course a judge should have an eye out for someone taking a person to court for the purpose of harassment! I have never seen a judge act properly in such a matter. They even let SLAPP suits proceed against environmental groups, when everybody knows that the aim is to impoverish activists.

In the instant case, Justice Lucy McCallum dismissed the case, at the request of Rupe, on the grounds that Töben was “abusing process.” She divined that Töben was planning to use her courtroom to perform a stunt. The stunt would be – see if you can guess – to air the matter of the alleged gas chambers.

If I know Töben, Justice Lucy is exactly right. I think Töben even relished his German and Australian prison sentences as they somehow “prove a point.” This seems reasonable to me.  The whole matter is intellectual, scientific. It has to do with books, with ideas, with measuring devices. “Airing” is essential.

Fredrick would be in his element in the witness box, explaining why he is, or is not, a Holocaust denier. He is also dying to hear (and I am dying to hear) the other side — the case against him, the argument for the presence of a gas chamber in that building.

Perhaps even some backing for the 6-million figure. Why not? Isn’t it normal in any defamation case to bring out the truth?

Case Dismissed, Costs Yet Undecided

I say the Court ruled wrongly on November 30, 2015. Every citizen has a right to bring a case of defamation. To dismiss the Töben case is not a ‘neutral’ thing. It does not, as claimed, protect the sacred legal process from a marauder. It protects Rupe, pure and simple.

If I am right (and you know Mother is always right; and you know I have done my homework on this one), the party that will be most hurt, long-term, by the dismissal of Fredrick’s case is: Jewry.

— Mary W Maxwell’s latest book is “Fraud Upon the Court.”

She and her co-author Dee McLachlan are hoping to make a killing any day now with their book





  1. lets say 4 years of war..

    6000000 / 1460 = 4109 ( rounded down to whole people ) people killed every day of the war, day in day out..

    or 171 ( rounded down ) per hour… every hour..

    Given the atrocities committed by israel lately, perhaps he shouldve tried harder.

    • I dunno, Fair.
      You seem to mean if Hitler killed more Jews, there would not be folks dying in wars right now.

      OK. How about if Hitler killed Obongo. Or Wesley Clark. Or David Cameron. Or Julie Bishop. Would there be less war?

      Please start the video below at 4mins 35 seconds. There you will see, inter alia, a lady and a dog walk on water, no mean feat.

      We are not going to get closer to the solution if we think it is this country or that country that is to blame. If every Jew disappeared tomorrow we would still be in trouble. We would still have increasing police brutality. Someone is organizing it. Why? I say it’s to protect their stupid-ass selves.

      I say a few alpha’s at the top are trapped into doing what they are doing (including, as I said in today’s article, denying normal court justice to a citizen). It’s all getting to be a bit much, no?

      Ned will soon jump in and say “Go to whatreallyhappened and ask for ‘All wars are bankers wars.'” Although I think that is not the whole story, it is a step up from “Let’s kill Jews.”

      Also, Fair, a well-meaning Israeli citizen today feels completely unable to get her government to do the right thing. So do I!!! So does Dee!!!! So do you, too, I presume. It’s AWFUL.

      That is what we have to work on, and not just keep moaning about it. We have to find a way to stop letting the pollies sit there in darkest Canberra and act like they are in a parallel universe.

      Pollies! Pollies! Listen up. You don’t have to be like that! You don’t have to get bamboozled by the Powers That Be, as poor old Judge Lucy McCallum obviously did.

      There are ways out of this. Let’s talk.

      • Here is Mike Peled, a dyed-in-the-wool Israeli. Skip the German at the beginning ad go to 1.50 minutes. At 2 mins he says “Everyone is complicit unless they are actively opposing Israel.”

        I say everyone in Oz is complicit in every Aboriginal death in custody. Well, I’m complicit anyway.
        Please see my book Fraud Upon the Court, chapter on the Shklar Principle. To watch cruelty happen is to participate in it. Any person who is being tortured feels that way about us.

        • I guess you could say Miko Peled is an example of someone being able to walk in the shoes of another tribe than his own.
          In this case the Palestinian.
          Or is it that Peled has such a clear view of ownership of “the land” that he sees all of Palestine (which, remember was a British mandate territory per the Versailles meeting of 1919) as his home.

      • Mary, the issue of Jewish ‘tribalism’ is a complex one. Most people in the West don’t understand ‘tribalism’, however a person from Papua New Guinea would. A businessman in PNG would never hire an accountant from another tribe. The tribe always has priority, so if a competitor from the accountant’s tribe was to approach the accountant, the accountant would assist the fellow tribal member with confidential information.

        I consider the Jewish people to be some of the most oppressed people on Earth and it has to do with the extreme tribalism of being ‘the chosen ones’. It is ‘mind control’ at a level I can’t begin to imagine.

        I’ve read Douglas Reed’s ‘The Controversy of Zionism’ which is a good history of the machinations behind the scenes, I’ve also read ‘The Red Symphony’ and in particular the interrogation of Ravcovsky – http://www.savethemales.ca/000275.html

        It is clear that there are players that engage in extraordinary manipulation of everything, including the Jews.

        As far as the ‘Holocaust’, it appears to be a last ditch effort to keeping the tribalism alive. Being a ‘chosen one’ collapsed with the revelations that the vast majority of ‘Jews’ are not Semitic, but are related to the Khazars. The back up position became the religion, but then archaeology research (done largely by the Israelis themselves) shows that the ancient Kingdom of Israel is another hoax. There was no Exodus, King Solomon or his temple, it is all fairy tales like Jonah in the Whale and Samson’s hair.

        I don’t know what the solution is, but truth is always the best medicine. Unfortunately, the Australian legal system is not the best (or even a good) venue for airing the truth. What happened to Toben is consistent with everything I know about ‘law’ in Australia.

        • Damn.
          (I’m referring to your last sentence.)
          This is a terrible situation.
          Any young lawyers out there? Please get in touch with me or Terry Shulze. You can’t just let the situation continue as is.

          I see that the judge who “sentenced” Martin Bryant, namely William Cox, has just been appointed to some kind of “Ethics” position in Tassie. I wonder if that is done to mock us.

          • Terry, thank you for reminding me about tribalism. When I lived in the United Arab Emirates (1988-1993), we had a joke about all the Sudani guys there being “the same person.” I mean the Sudanese are so good at closing ranks when any Sudani is criticized, that they may as well be all one person.
            I assume the deep tribal instinct, in all of us, is a biological extension of kin altruism.
            Are you saying that folks around the world who identify as Jews have had the tribalistic value rubbed into them? Perhaps that is so.
            My Jewish pal in New York told me that at “Sunday school” he was well instructed as to how Christians made false claims against Jews in the Middle Ages. He thought it odd that the Pope (or somebody) blamed Jews for poisoning the wells, when anyone could see that the Jewish population had to drink out of those wells, too.

          • “I assume the deep tribal instinct, in all of us”

            You shouldn’t assume such things, there are some of us that choose to walk our own path. I am more comfortable with the concepts of reality that physicist Thomas Campbell has explored.

          • You never got goosebumps when the national anthem was being played?
            I cry — cry — every time I read The Man from Snowy River.

            “And Clancy from the Overflow came down to lend a hand…” Geez.

            OK, never mind, Terry, I know what you mean. Thanks for the correction.

        • Another gem from Terry.
          I remember this comment from you, Terry:

          “I went through this crap a long time ago with the Council of Civil Liberties, NSW Bar Association….
          It is the culture, the peer pressure, the group consciousness…. The picture of the APC members reminds me of so many of the PC crowd. I would expect that a number of them would support the ding-bat from the Environmental Law function that said “I don’t care if Martin Bryant is innocent, I don’t like guns”.
          The Australian society is brain washed, mind controlled – ”
          (and much more)

      • Mary,
        I was only half serious, I know I shouldnt tar all of any group with any particular brush, but as far as israel is concerned, i do believe that was a bad idea from the start and it should be removed from the map. ( see if you can find palestine on google maps now, its been wiped off – thanks israel )

        i feel israel is certainly liable for crimes against humanity, war crimes, but really, no more so that USA, UK.. and AU.. Im a pacifist, but if there was a switch i could flick, that would take out the likes of Obama.. ( he actually can do that now, anyone he likes, on his word, he can just have them droned/murdered, USA citizens included, purely because he says they might be a terrorist.. ) but him, cameron, blair, howard bush(s) abbott turnbull rudd and gillard.. and that ridiculous queen thing, line them all up… ill flick the bloody switch, or pull the trigger, with no compunction at all.

        israel though, israel jews, still pretend they are victims, of terrible injustice, that protects them from any and all criticism no matter how valid or justified, while they commit atrocities on par and in excess of those committed against them, its the utter hypocrisy, or chutzpah, that sticks in my craw. i guess though, it is comparable to those in oz complaining about “others” coming to “our” land.. and not integrating into our society, all the while persecuting australias indigenous.. and being unable to even name a single tribe, or utter a single word in native language.

        I just picked on the jews because.. well, this article was about holocaust. and im sick of all the lies we are told to justify never ending war mongering.

        you say there are ways out of this.. i cant see it.. not by talking. the evil in charge, doesnt care what we have to say. not at all. humanity is stuffed. we will keep on killing ourselves, because one god is better than another, or because someone has more oil than someone else, or because, it seemed like a good idea at the time.. until there is no one left.

        why dont terrorists ever target politicians?

  2. I hope no one thinks I doubt the Holocaust. Every survivor has a personal story, and i have no reason not to believe what they went through. I have been to most of the Holocaust museums but not the one in Melbourne! It’s open from 10am to 2pm.

    In this video, at 2.22, he talks about Croatian involvement. Just think of all the movement of people that went on, including, as Ursula Haverbeck says, the loss of perhaps a million citizens of her city of Breslau. And today it’s Syrians.

  3. Ask yourself – do you believe the Germans killed 20,000 jews with an atomic bomb in Poland? If you answer ‘Yes’ then you are willfully ignorant or mendacious but free to leave. If you answer ‘No’ then you are truthful, intelligent but could be charged with a crime because you have contradicted accusations in the Nuremburg Military Tribunals.

    It is unjust to protect slanderers.

  4. Actually, the hole Dr Toben is shown climbing from did not exist during the war. It has been roughly hewn, perhaps by sledgehammer, after the Russians demolished the building..

    Aerial photographs of holes in the roof have been fraudulently doctored and presented in various locations.

    No gas was piped into the hole Dr Toben is exiting. The Xyklon-B vapour was held as potassium cyanide within an inert material. It is the same substance used there to save lives by killing the insect hosts of typhus.

    No residue iron cyanide (almost indisoluable) has been discovered in the walls of this original aircraft shelter/morgue, other than tiny traces consistent with fumigation. I understand the guard’s own barracks had higher levels.

    The building shown to tourists is a 1947 post war reconstruction (admitted by the museum decades ago. The fingernail scratches on the walls there must therefore be made by Russians with super-tough keratin (scientifically impossible).

    I was astonished a few years ago after hearing a news report that the Russians did not have the capacity to cremate 500 people who died during a heatwave – they had the designs for the Auschwitz crematorium in their possession for more than twenty years – it could have completed the task in half an hour consuming a handful of coal each. A shocking oversight.

C'mon Leave a Reply, Debate and Add to the Discussion