"It was a deep sense of personal
rage that caused me to start this
fight.
I launched the fighting fund in Nov.
1992 in Ontario, when the Canadian
Government, acting at the dictate of
the Canadian
Jewish Congress, ordered me
deported. I had visited Canada for 25
years, ever since appearing on the TV
show Front Page Challenge in 1967.
Through the efforts of Canadian
lawyer Barbara Kulaszka I established
that the CJC had planted libellous
reports on me in the Ottawa files.
These had been compiled for the CJC by
Michael Whinge, director of
the
Board of Deputies of British Jews.
It turns out that, just like the
Anti-Defamation
League (ADL) in New York, the
British BoD is compiling dossiers on
people they regard as "dangerous" to
their interests. (I complained
to the Data Protection Agency about
this infringement of the laws, but they
escaped prosecution).
The Canadian
ban was a serious blow, but I have
always fought back.
When confronting these secretive
organisations a new factor comes in:
they do not spare with money when it
comes to destroying people. The ADL has
an annual budget of over $50 million,
the other bodies not much less --
particularly since the global success
of their "Holocaust" shakedown
operations (Abe Foxman, the ADL chief,
wrote laughingly of having "bludgeoned"
the Swiss banks out of their
money).
In my action against their leading
guru, Deborah Lipstadt, such
organisations gave Six Million dollars
to help her, believing that a British
Court is impressed by money. "British
justice," my father warned me in 1966,
"Is the best that money can buy."
Over the two years following the
Canadian ban, the world-wide bans
proliferated. Australia,
which I had visited in 1986 and 1987,
promoting my books on the 1956
Hungarian
uprising and on Winston
Churchill, suddenly refused me a
new visa.
Armed now with a Fighting Fund built
up by hundreds of well-wishers in
Australia, I was able to fight the
Australian Government and I defeated
them in the Federal Court of West
Australia. The Judge declared the ban
on me to be illegal.
Coming under fresh pressure from the
Australian Jewish Congress, in the
person of multi-millionaire Mr.
Isidor Leibler (as the New
Zealand Herald established at that
time), Canberra now secretly changed
the law in order to legitimise a
continued ban on me. I have
subsequently fought them twice in the
Law Courts of Australia, but without
success.
The Australian press is notably
supporting me in this dramatic fight
for free speech.
THE attempts at silencing me
elsewhere grew more insidious. Always,
it turned out that local Jewish
organisations, networking with their
international "umbrella" bodies, had
provided the impetus. They don't like
the phrase "international conspiracy,"
so I have coined for them the new
phrase, the "traditional enemies of
free speech."
In South Africa, after I conducted
three or four highly successful lecture
tours, speaking in city halls and
universities right across the country,
the South African Jewish Board of
Deputies persuaded Pretoria to ban any
further lecture tours by me. That ban
has now been rescinded. I now
recognised what the initial letters
SAJBOD, which I had first noticed
heading a fax sent to the Immigration
Court in Vancouver, which ordered my
deportation, stood for.
Simultaneously, in 1992-3, a far
uglier campaign began in Germany. I had
visited and worked there quite lawfully
since 1959, and my books there were
bestsellers, published by the leading
German publishers.
After I happened to declare at a
Munich
public meeting in April 1990 that
the alleged gas chamber at Auschwitz
I, the Stammlager, which the Poles like
to show to world-wide tourists, is a
post-war fake, I was arrested and
heavily fined. The fine increased from
a summary 3,000 deutschmarks penalty in
1990 to 7,000 in 1992, and then
to 30,000 in 1993, around $20,000, as I
refused to recant!
In
November 1993 I was intercepted in
Munich as I was about to speak to
university students, and handed
a
police order banning me from Germany in
perpetuity.
Outlawed,
but right
The Polish Government has
subsequently admitted that what I said
was true -- they had actually built the
Auschwitz I gas chamber on display in
1948 (see the Paris
news magazine L'Express, Jan. 19,
1995).
I initiated a lengthy lawsuit in
Germany, aimed at overturning the ban;
it failed, inevitably. Having expelled
me, ironically the German government
tried for ten years to extradite
me from England, to jail me for having
repeated this "libel on the memory of
the dead" at a speech
in Weinheim on Sept. 2, 1990.
Mr.
Günter Deckert, a teacher who
chaired that particular meeting, was
arrested and imprisoned for a total of
seven years. The Germans tried
once more to extradite me on the
day my historic action against Lipstadt
opened in London. That is how closely
the "traditional enemies" work with
foreign governments. In a public press
release on Sept. 3, 2000, Germany had
to admit failure, as the ten-year
statute of limitations on my "crime"
had run out.
It was the very severity of these
fines and prison sentences that
convinced me that somebody must be
hiding something. As the late Auberon
Waugh once wrote, real history does
not need such sanctions to survive. I
commented in a letter printed in The
Sunday Times that if President Clinton
started imprisoning people for saying
that Franklin D. Roosevelt knew in
advance of Pearl Harbor, then people
would surely start asking questions
about the real history of that event
too.
Italy
joins in
In June 1992 -- after I returned
from Moscow with the exclusive
Diaries
of Dr. Joseph Goebbels, the Nazi
Propaganda Minister -- I was invited to
address students in Rome. I flew into
Rome International Airport; there I was
intercepted by police refused entry,
and sent back to Munich.
It was about now that I decided that
each such event was in fact a major
victory for real history, because it
was proof that the traditional enemies
now accepted that in the whole of
Canada, Australia, Africa, Germany,
Italy, etc., there were no conformist
experts able to refute me.
This campaign increased in ferocity,
initiated, sustained, and controlled by
international organisations, as I have
now established from documents I have
obtained.
I was subjected to death threats and
harassment in London, and ambushed and
physically attacked in my local
restaurant one Sunday lunchtime by a
gang of Jewish thugs. Although I have
never written about the Holocaust, a
subject which I find boring and
tedious, I was being increasingly
attacked by Jewish journalists as tho'
I had.
Intimidating
a publisher
This particular aspect of the global
onslaught on my reputation took a more
concrete form in 1996. St
Martin's Press of New York were
under contract to publish my biography
of Dr. Goebbels.
Doubleday Inc. had named this book,
the product of eight years' hard work,
as their book of the month for May
1996.
By coincidence, that was the month
when the New York Jewish community was
"kvelling" (rejoicing) as they put it,
because a book by Daniel
Goldhagen that was about to appear,
Hitler's Willing Executioners.
They admitted in one newspaper that
the fact that my Goebbels would appear
in the same month upset them : they had
visions of my going face to face with
Goldhagen on prime time television chat
shows, and they decided to pull the
plug on me.
For
this, they wheeled in their ugliest
weaponry. Prof.
Deborah Lipstadt, religious
"scholar" of Judaism teaching at Emory
University, Atlanta, wrote a book
called Denying the Holocaust. We now
know, from her private papers, that I
was not mentioned in the original
manuscript at all; but Prof. Yehuda
Bauer, who had commissioned the book on
behalf of the State of Israel, asked
her to shoe-horn my name in.
Lipstadt did a rapid cut-and-paste
job -- appealing to the Board
of Deputies of British Jews, the
U.S.
Holocaust Museum in Washington, the
Institute of Jewish Affairs in London,
the Simon
Wiesenthal Center in Los Angeles,
and to all the other usual suspects,
for any dirt they had on me.
The Simon Wiesenthal Centre in
Toronto sent her a
lengthy paper advising that my
reputation as an historian was
dangerously high, and that they would
have to set about destroying it by hook
or by crook.
The result was a series of passages
inserted at a late date in her
manuscript, accusing me of stealing,
damaging, and faking historical
documents, distorting translations,
"admiring Hitler," consorting with
Hizbollah and Hamas terrorist leaders,
cavorting with Louis Farrakhan, and a
number of other lies: in short anything
they could dream up to blacken my name.
Lipstadt made no attempt to check
anything with me: a true conformist
"scholar".
Turgid
and unreadable
It was 1996 before I learned of
these allegations although her book was
published in about 1994. Very few
appear to have voluntarily bought the
turgid, and largely unreadable, book,
and by 1996 it was enjoying what are
known in the trade as "negative sales"
(i.e., more copies were being returned
to the publisher than were being sent
out to the bookshops). But the enemy
kept up their clandestine campaign,
donating copies to universities
libraries, for example, in the name of
non-existent "Friends of the History
Society."
It
turns out that Lipstadt was among the
Jewish agitators who wrote to St
Martin's Press in the Spring of
1996 demanding that they violate their
contract to publish my Goebbels.
After publicly refusing for several
weeks to surrender, St Martin's Press
capitulated early in April 1996.
Doubleday Inc. had to follow suit, and
few U.S. publishers will be eager to
follow them. The consequences for me
are serious, as the United States
provided eighty percent of my
income.
The Goebbels book was published in
England that month by my own Focal
Point imprint (which I had set up with
this contingency in mind fifteen years
earlier. At the same time, vicious
mudslinging against me began in the
British press. This attack was led by
the liberal and left-wing but otherwise
respectable newspaper group, Guardian
Newspapers Ltd.
If Lipstadt had been an unattractive
attack-dog in the U.S.A., in the U.K.
this corporation chose an even less
toothsome weapon.
Gitta
Sereny was a "chequebook"
journalist -- the kind who pays
£50,000 to a convicted serial
child-killer to buy her story. She had
had me in her sights ever
since 1977. I do not know why. She
is not Jewish (she is married to the
Jewish photographer Don Honeyman); but
she identifies closely with what might
be called the Jewish cause: it is what
some call having your matzos and eating
it.
At the Guardian group's behest, she
wrote a
gratuitous attack on me in their
Sunday newspaper, The Observer, in
which she accused me of cheating a
friend and colleague, "borrowing"
(i.e., stealing) the priceless glass
microfiches containing the Goebbels
diaries from the Moscow archives,
distorting translations, and faking
documents.
The editor himself asked her to
insert a concluding paragraph
suggesting that I may be mentally ill
(a neat idea for which she thanked him
in a fax).
She wrote that no publisher was
willing to publish my works. She stated
that Macmillan Ltd., my then
publishers, had refused to publish
Goebbels (in fact I had written
Macmillan's already in September 1992
asking them to sell all rights in this
book back to me, and they
complied).
It did however turn out, after I
began building a dossier on
Macmillan's, that from
November 1991 on the Board of Deputies
of British Jews had applied secret
pressure to them, including the use
of Oxford conformists like Prof. Peter
Pulzer, to force Macmillan to tear up
all contracts with me.
The
Global Endeavour
In the Lipstadt action in England
last year, I compiled these dossiers
into a courtroom bundle of documents --
Bundle "E," the Global Endeavour --
which I attempted to put before the
Court to establish that Lipstadt had
been part of a worldwide conspiracy to
libel me: for reasons which you can
surmise, Mr. Justice Gray was not eager
to allow me to quote from these rare
documents in open Court.
By mid 1996 it was obvious that I
had no option but to disregard the
advice given to me thirty years before
by my first English publisher,
William
Kimber -- never to commence a libel
action (he was at that time, in
1963, deeply mired in the famous
"Exodus" libel action).
Acting as a litigant in person, as I
was both entitled and capable of doing,
I issued Writs in defamation against
both Lipstadt
and The
Guardian Newspaper Group.
I made it plain in the Lipstadt case
that I was not
seeking major damages. If Publisher
and Author would pay five hundred
pounds into a British charity for the
disabled, I would end the action,
covering my own costs, and that would
be that. They could not withdraw, of
course.
They poured
immense funds into the Lipstadt
action and it dominated the High Court
in London, and the press, for three
months from January 2000. Throughout
those months I attended in Court,
alone, without lawyers and without
Counsel, while Lipstadt and her
unfortunate publisher, Penguin Books
Ltd., funded a courtroom spectacle of
forty mercenaries -- lawyers in wigs
and gowns, Counsel, barristers,
conformist historians, expert
witnesses, and assistants, all linked
by computer to each other and to the
Internet, in the attempt to grind me
down and defeat me (in which as you
know they ultimately succeeded).
That they succeeded has been a grim
disappointment: but I am much wiser
than a year ago.
The Judge trying the case, without a
jury, was a new judge at the start of
his career: as Sir Charles Gray, Mr.
Justice Gray had until recently been a
sparring partner of Lipstadt's Counsel
Richard Rampton.
More significantly, Gray had as a
barrister more than once sided with the
establishment against the dictates of
real history, i.e., the history which
is plainly evident from archives.
Next
time, no judge alone
He had acted for Lord Aldington in
the libel action which this wealthy
financier had brought against my friend
and colleague, the historian Count
Nikolai Tolstoy; Tolstoy had proven
in two books that in 1945 Lord
Aldington, as Brigadier Toby Low, had
been an accomplice of the later prime
minister Harold Macmillan in the
criminal deportation of Yugoslavs and
White Russians from Austria to their
certain deaths at the hands of Stalin's
and Tito's murderers.
Throughout the Tolstoy libel action,
the one crucial War Office file which
established that Lord Aldington was
definitely lying was mysteriously
missing from the British public
archives; it was returned to the
shelves on the day after the trial
ended. Tolstoy was ordered to pay two
million pounds in costs, and brought to
the verge of ruin. It was the ultimate
hypocrisy -- and Gray had been
Aldington's Counsel.
Tolstoy lost, but his reputation
remains intact to all those aware of
the facts (see Ian Mitchell's fine
analysis, The Cost of a Reputation).
Even so Judge Gray was, however,
clearly in some difficulty during the
Lipstadt trial. If you have read
his
perverse and vindictive Judgment,
which I placed on my Internet website
along with all the other documents, you
will have noted a
curious dichotomy in his findings
-- e.g., he says repeatedly that I am
quite entitled to be dubious about
elements of history that are at the
root of this case, only to declare a
few pages later that it is wholly
"unreasonable" for me to express such
doubts.
In one such paragraph, he agrees
that he was surprised that there is so
little documentary evidence of mass
murder in gas chambers at Auschwitz,
should the eye-witnesses be discounted;
along with most people, he had always
assumed that the evidence was there. He
has heard from my cross-examination of
the conformist expert witnesses that,
while there is much archival evidence
for the shootings on the Eastern front,
there is none -- none whatsoever -- for
the existence of the homicidal
Auschwitz gas chambers.
Despite this, and despite the
general unreliability of the five
"eye-witnesses" he found that he had no
choice in the matter but to believe
them (even though one of the five had
testified that the SS officers made
sausages from human flesh in the
Auschwitz crematorium!)
As for the "scholar" Lipstadt
herself, she "took the Fifth," and did
not speak.
Though even she had made no
allegations against me of racism or
anti-Semitism in her book, Judge Gray
willingly allowed Rampton not only to
introduce these disgraceful and
irrelevant elements into her defence at
the last moment, but to go into great
and lurid orations on them.
The press loved it, as you may have
noticed. In his Judgment, Gray -- who
had years before declared Lord
Aldington totally innocent of the
massacres -- danced with joy at being
able to pronounce me both a racist and
an anti-Semite (while simultaneously
also admitting that I am "not obsessed
with racism" and that I am "entitled to
criticise" members of the Jewish
community for what they have done to
destroy me).
More recently, in July this year,
the Court of Appeal became even more
convoluted in their eagerness to do me
down. On one basic issue, whether or
not I am a "Holocaust denier," they
reached this conclusion:
"We are not persuaded that the
expression can be given any precise
technical meaning or that 'Holocaust
denier' defines a class of persons
precisely. Having regard to the views
expressed by [David Irving]
about a range of events in the history
of the Third Reich, we agree with the
Judge that the applicant may be
described as a Holocaust denier."
Yes, the best money can buy.
IN April of last year, 2000, Mr.
Justice Gray issued a damning and
humiliating rebuff to my claims against
Prof. Lipstadt.
Throughout the trial, the
British Press had behaved in a
contemptible fashion, in the legal
sense of the word "contempt": during
the trial, the newspapers heaped
denigration on me in a manner which in
any other British trial would have seen
editors committed to prison for
contempt of court.
In The Guardian they published one
full-page photo-article about me during
the trial, with the headline: "the
monster of the nursery." The majority
of these articles were written by
well-known Jewish journalists; this
aspect of the campaign becomes evident
only to somebody who, like myself, was
routinely supplied each day with every
single press-clipping. I am not saying
that these journalists received
directives to write as they did: they
were on auto-pilot, and that was
enough.
They were also largely ignorant of
legal procedures. You may have seen
occasional ill-informed news reports
that I brought the libel action in
England because it is easier to do so
here than in the U.S.A.. This is
nonsense. In England there is no Legal
Aid for actions in defamation, and the
rule is that the loser pays all. There
are no "contingency fee" lawyers
willing to fight on a no-win, no-fee
basis.
How
do I survive?
I have been enabled by contributions
to the Fighting Fund to sustain these
actions, and to survive as a writer and
as the father of a second young family.
But I knew I would never be able to
match the Six Million dollars which
Lipstadt and friends poured into the
London courtroom.
Some of their "neutral" Expert
Witnesses were paid
a quarter of a million dollars each
for their contribution against me. Far
from being neutral, one of these
conformist "scholars", Prof.
Richard Evans, a Cambridge
historian, was so hostile that after
just three hours of opening
cross-examination on Feb. 10 last
year, I openly challenged him, and
accused him of displaying open contempt
for myself, my writings, and everything
that I stood for. On oath, he denied
this.
In order to stay in the game in the
High Court he had no choice. Had he
admitted any bias I would have tossed
him out of the witness box at once.
Read this snatch of the
cross-examination from the
transcript:
Evans: I have no personal
feelings about you at all, Mr.
Irving
Irving: I had the impression from
this morning's answers that you held
something bordering between distaste
and loathing towards me and the
books I write, or the views that you
perceive me to hold.
Evans. Not at all.
This, we know now, was a disgraceful
perjury, as he was at that very moment
writing a book attacking me, with the
title Telling Lies about Hitler,
in which he wrote on one page -- to
cite just one example -- of "Irving's
seemingly limitless capacity for
telling lies, distorting the truth, and
insulting the memory of the dead," and
on the next: "For all of us he became
someone with whom the least contact was
defiling."
The book was so libellous that even
his own publishers, William Heinemann,
a devoutly Jewish firm, have
refused to print it.
We
appealed and appealed
Instead of dismissing this witness
for his obvious prejudice, Judge Gray
hung on his every word. That mattered,
because it was Evans alone who
testified that I had distorted
documents or misread their
importance.
A subjective assessment like that is
of value only if it is reached by truly
neutral experts, which Evans clearly
was not.
Although Mr. Justice Gray had
refused me leave to appeal his perverse
Judgment, I applied straight to the
Appeal Court to overrule him. The enemy
immediately asked for immense costs,
but I now had, thanks to our Fighting
Fund, excellent Counsel -- Adrian
Davies -- who is an expert on such
legal issues.
It soon turned out that all of
Lipstadt's costs had been paid
by Steven Spielberg, Edgar J.
Bronfmann, and other leading members of
the Jewish establishment. Therefore she
was not entitled to her costs.
Wrong
to act in person?
My own legal costs have been
diminished by the fact that I did not
engage Counsel for the main trial last
year.
I do not accept criticism for making
this choice. You choose in such
litigation between having a lawyer who
is a bad historian, or an historian who
is an indifferent lawyer. Questioned by
The Guardian in
a lengthy interview last year on
precisely this issue, Judge Gray said
that I had acquitted myself competently
as a "barrister"; the journalist Don
Guttenplan, who has compiled a
first-rate book on the trial, says much
the same, and even historians like Dr.
David "Ratface" Cesarani afterwards
wrote that I gave their Witnesses very
anxious moments indeed under
cross-examination.
Before a different court, before Mr.
Justice Morland for example, I would
probably have prevailed. But this
became a "Holocaust" trial, and we were
up against The Holocaust Industry (the
book by Norman Finkelstein of that
title was published only two months
after the trial was over).
The courtroom was awash with their
dirty money. The intimidating effect of
the money-rich Holocaust lobby was felt
by everybody, from the Judge and the
press gallery down. And not only that.
The Israeli ambassador attended court
on the last day, flanked by gun-toting
bodyguards.
Difficulties
begin
We had some unusual difficulties in
finding lawyers to act for me before
the Court of Appeal (I am not so
arrogant as to believe that I could act
in person at that level, where the law
is what primarily matters).
Nikolai Tolstoy had recommended to
me the law firm of Goldsmiths, despite
an obvious drawback. They acted very
competently in the initial one-day
hearing on costs, but then had to
withdraw when one of their senior
Partners objected on religious
grounds.
This not-very-English behaviour, I
am afraid, attracted unfavourable
Press comment; altogether, it has
to be said that the Lipstadt action
opened a proverbial can of worms, and
worms are still crawling out.
Simultaneously with fighting this
action in the High Court, I maintained
my increasingly popular website. Even
Mr. Justice Gray was following it,
we
now know. It provided complete
libraries of most of the Press
clippings on the trial, regardless
of their tone, and -- most damagingly
for the enemy -- the daily
verbatim transcripts.
Students around the world contact
me, at times two or three a day, asking
about the real history of the
Holocaust.
THE appeal -- or rather, our
application
for permission to appeal -- was
heard for four days during June 2001
and it was, frankly, a disaster (see my
Radical's
Diary). If anybody needed
convincing that I had been right in not
relying on lawyers in the lower Court,
here it was. I had hired Nigel Adams, a
one-man British law firm. The barrister
who recommended him has since
apologised, but it is too late: this
attorney was beset with personal
problems; he could not even type or
send a fax or e-mail; he proved to be
verbose, negligent, lazy, indolent,
inefficient, and ineffective.
In no time at all he had angered
Master Venne -- the judge in the
preliminary hearings -- so badly that
the judge for a time refused to deal
further with him at all; I only found
this out much later. Adams did not
reply to the opposing lawyers' letters
for weeks, and sometimes months, at a
time.
Adams attended a conference with my
Counsel in January this year, but
drafted no conference-note until May --
the most elementary kind of attorney
work. We asked him to obtain expert
evidence from a crematorium manager. He
did not.
We commissioned and paid for a
full-length technical affidavit on
hydrogen-cyanide from Germar Rudolf.
This impressive document went to Adams.
He did not supply it or the many
appendices to Counsel until a few days
before the Appeal began (by which time
I had sacked him).
We had located in Scotland an
elderly Odessa-born survivor who was
willing testify that she had had the
run of both Auschwitz camps in 1943 and
had seen nothing of "mass gassings."
Adams did nothing to take a proof of
her evidence, her Affidavit was never
sworn, and he informed us by letter two
days after the Appeal began that the
lady was now too ill to testify. (I was
having nagging doubts about her
anyway).
It is of course obvious in
retrospect that I tolerated this
inefficiency for too long -- in fact I
dismissed him twice last year, but had
to relent each time because of the
sheer cost of instructing a third new
law firm to replace him and
Goldsmiths.
Sunk
by our own lawyers
What was most damaging was that we
learned, only after the Appeal Court
hearings began on June 20 of this year,
that Adams had taken none of the proper
legal steps to apply for formal leave
to introduce our new evidence, which
was vital for the Appeal. In
particular, he had not applied for
permission to put before the Appeal
Court the book written by Prof. Evans,
Lying about Hitler, from which
(as we saw above) it is plain that
Evans had perjured himself in the
witness box.
Had the book been put before the
Court of Appeal, it would have been
plain that Evans's evidence was
polemical, malicious, subjective, and
worthless.
We already knew this from the
findings of a university Tribunal in
New Zealand, where the same Evans had
been hired by Jewish bodies to "put the
boot in" on an academic, Dr. Joel
Hayward, who had angered them by his
findings in a Ph.D. thesis on
revisionism; they demanded that his
doctorate be revoked.
The New Zealand report confirmed
that Evans was prejudiced and lacking
in the objectivity called for in an
Expert Witness. We had obtained the
printed record of those findings, but
we were unable to put them before the
Court of Appeal in London, because
Lawyer Adams had not given the court
notice of this in advance.
JUST eight days ahead of the
scheduled start, as I reveal in the
Radical's Diary, I informed the Appeal
Court that I had dismissed him;
unfortunately, they refused the brief
adjournment for which we asked to
instruct new solicitors, and the appeal
had to go ahead on this unsatisfactory
basis.
Adams had in my view sunk our
chances by his negligence. I have paid
him a proper sum, and will pay him not
a penny more. I told him that my
Fighting Fund has been scraped together
from the contributions, sometimes made
in two- and five-dollar bills, of
thousands of hardworking supporters;
and that I have personally signed some
20,000 letters in the last twelve
months, raising the fund, since the
trial began.
My barrister (trial lawyer), Adrian
Davis, put up a brave fight. Two of the
three appeal Judges were sympathetic,
including the presiding Judge. But the
third, Lord Justice Buxton, was
intellectual, shrewd, liberal-leftwing,
and deeply opposed to me, to my
writings, and to everything I believe
in. On several occasions, when they
withdrew for consultations, he quite
obviously succeeded in talking his
colleagues around.
By the second day, it was plain that
we could not hope to win leave to
Appeal. We were not allowed to
introduce any new evidence whatsoever.
The Court of Appeal is bound by strict
rules, the so-called Ladd vs.
Marshall guidelines, which lay down
precisely the circumstances under which
new evidence can be put before them. We
might even have had difficulty in
introducing the new 1,000-page Rudolf
affidavit, as we did not introduce him
in the lower Court (I had reason, as
Rudolf was a "wanted man" whom the
German government were also trying to
extradite; he is now in safety in the
United States and applying for asylum
there, which does not make it
easier).
I have been vigorously criticised, I
know, for not calling him in the lower
Court: but the fact is that under the
Directions for evidence for this trial
both sides were limited to calling just
six historians and six political
scientists. There was no provision for
a forensic chemist, or any other such
scientist; nor did it seem obvious why
we should need one in a libel
action.
Prof.
Robert Jan Van Pelt, the Dutch
writer, was admitted by the court as an
expert historian, and to our surprise
Mr. Justice Gray quite willingly
listened to his vapourings on such
subjects as chemistry, toxicology,
crematorium technology, document
authentication, and architecture. On
none of these subjects was he a
qualified expert.
After a month's deliberation, on
July 20, the Court of Appeal refused
our application for permission to
appeal. Legally, there can be no appeal
from this, as it was a procedural
decision -- a piece of legal trickery
which friendly lawyers have since
pointed out to me.
A
Pyrrhic Victory for her
Defeat for me in this first action,
however humiliating, does not mean
Victory for Lipstadt: hers is a Pyrrhic
victory. It has cost the traditional
enemies of the truth Six Million
dollars; we have smacked right into the
twin towers of their fantasies.
Lipstadt had always declared that
they must never debate the issues on
the Holocaust with anybody. We, that is
you and I, have forced them to do just
that. Millions around the world are now
openly talking about, and questioning,
these matters of history. Publishers
have learned the lesson that if they
smear us, it can prove a very costly
endeavour indeed, as we bite back.
On
to the next battle
I shall now carry forward the
battle
against the next of these enemies,
Guardian Newspapers Ltd. It is to be
fought over much the same ground, still
littered with the tanks and broken
artefacts of war left by the earlier
skirmish; and once again the same
enemies are clanking onto the
battlefield.
I shall show the same vigour and
energy in pursuing these new actions.
My enemies have boasted that they have
injured me financially, but it is not a
mortal injury.
I must admit that living without the
royalties from publishers, and under
the threat that these Shylocks will
strip me of everything I own, including
our family home, is something of a
worry. But you and I never anticipated
that this would be an easy fight. It is
knowing that I have such loyal friends
around me that has given the strength
to continue this battle.
At this milestone in the fight -- a
mere milestone, which is by no means a
turning-point -- I want you to know
that I am in good spirits, and that the
battle will continue until we
prevail."