| Documents on David
Irving's Persecution by the German
authorities 1989-1993
|
Verdict
of Munich Court against David Irving, May 5,
1992 | | Canadian translation
from the German | THIS IS EXHIBIT
"B" REFERRED TO IN THE AFFIDAVIT OF
RICHARD GRANT LEWERS, SWORN THE
19TH DAY OF
OCTOBER, 1992.
[Signature]
A Commissioner for taking
Affidavits
in British Columbia
Munich District Court
8000 München 35
Nymphenburger Strasse 16 No. 432 Cs 113 Js 3619/90 In the name of the
People!
Verdict
of the Munich District Court in the criminal proceedings against | Irving, David
born March 24, 1934 in London/England
single, historian and author
British citizen resident at 81 Duke St.,
London/England |
regarding slander etc,based on the main hearing of Friday, May 5,
1992, in which participated: District Court Judge
Stelzner, criminal judge; Prosecuting
Attorney Kaps, officer of the Prosecuting
Attorney's Office; Attorneys Herrmann and
Dr. Goebel, defence counsels; Secretary
Grübl, Administrative Registrar. I. The accused, David Irving, other particulars
as previously ascertained, is guilty of slander
concomitant with the disparagement of the memory of
deceased persons.
II. He is sentenced to a fine of 100 daily rates at
DM 100,- - each.
III. The accused must bear the cost of the trial as
well as his own expenses. Regulations applied: §§ 185, 189, 194
Sections 1, 2, 52 of the German Criminal Code. Reasons: The accused, 52 years of age, is a British
citizen. He is a historian, the author of numerous
books, The accused has four children, He has not
been previously convicted. On April 21, 1990,
between 10:00 a.m. and 5:00 p.m. a meeting of the
Deutsche Jugendbildungswerk [=Youth Educational
Service] was held in the
Löwenbräukeller on the Stiglmaierplatz in
Munich; the accused was one of the speakers at this
meeting. In his Speech, the accused said, among
other things: "By now we know - and I'm sure I
don't need to point this out as anything more than
an aside - that there were never any gas chambers
in Auschwitz." Further, he stated: "We believe
that, just as the gas chambers which the Americans
put up here in Dachau in the first few days after
the war were fakes, those gas chamber | | facilities which tourist can now sightsee
in Auschwitz were set up by Polish authorities
after the Second World War.... Since, after all,
the German taxpayers have had to shell out no less
than 16 billion Deutschmark as penalty for
Auschwitz ... for a fake. " These facts of the case have been established by
the main hearing, particularly by the defendant
himself, who confirmed the quotations. The accused
is therefore guilty of slander concomitant with the
disparagement of the memory of deceased persons, as
punishable under §§ 185, 189, 194
Sections 1, 2, 52 of the German Criminal Code. Anyone who denies the murder of Jews during the
"Third Reich" - and the accused has deliberately
done so, as he himself confirmed in the course of
the main hearing - slanders each and every Jew (cf.
BGHZ 75,160 for further documentation). The
persecution of the Jews solely on grounds of their
ethnic origin, as it was practised during the
National-Socialist reign, ia a historical and legal
fact. It culminated in the killing of millions of
Jewish men, women and children in extermination
camps, one of which was Auschwitz-Birkenau, in
which camp alone at least 3 million Jews were
murdered by means of gas (Zyklon-B) (cf.
"Conference Protocol" of the Wannsee Conference of
January 20, 1942, for the "Final Solution of the
Jewish Question", in: Kurt Pätzold,
"Tagesordnung: Judenmord, Die Wannsee-Konferenz am
20. January 1942" [="Agenda: The Murder of
Jews, The Wannsee conference of January 20,
1942"]; and Wolfgang Benz: "Legenden,
Lügen, Vorurtelle, Ein Lexikon zur
Zeitgeschichte" [="Legends, Lies, Prejudice; A
Dictionary of Contemporary History"], key words
"Auschwitz-Lie", "Gassing".) Denial of these facts also constitutes
slandering the murdered Jews, The only mitigating factor which speaks for the
accused in setting the terms of his penalty is that
he has admitted to the facts of the case. It speaks
against him that, in his capacity as historian, he
also denies the National-Socialist atrocities
disputed by so-called Revisionists for the further
purpose of marketing his own work. During the main
hearing, for example (and according to his own
statements) , the accused had surrounded himself
with stacks of some 200 books, with the remark that
he wasn't just anybody. In light of the nature of the crime and the
guilt associated therewith, a fine of 100 daily
rates seems appropriate, The daily rate is
estimated at no less than DM 100.-- (cf.
above), Expenses: §§ 464, 465 StPO (Signed) Stelzner, District Court Judge | |
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