CONTROVERSIAL Australian historian Frederick Toben has won the first round of his fight against extradition to Germany from Britain.
A London judge ruled overnight that the European arrest warrant used to detain Dr Toben in Britain for extradition earlier this month was invalid because it did not provide enough detail.
However, the case appears far from over, with lawyers representing German prosecutors, who want to try Dr Toben for his alleged anti-Semitic views, preparing to appeal to Britain's High Court.
Dr Toben's solicitor Kevin Lowry-Mullins described today's ruling as a victory and said the academic, who has been granted bail, looked forward to the High Court hearing his case.
“Dr Toben is of good cheer, (but) he realises we still have an uphill struggle,” Mr Lowry-Mullins told reporters.
Dr Toben was arrested while in transit at London's Heathrow airport on October 1 under a warrant issued by Germany, which accuses him of racism and publishing anti-Semitic views.
But Westminster Magistrates Court district judge Daphne Wickham ruled the extradition could not go ahead because the warrant contained only “sparse” details about Dr Toben's alleged offences, including exactly what they were as well as where and when they took place.
“This judgment makes no determination as to whether the (alleged) conduct (of Toben) ... amounts to an extradition offence,” Justice Wickham said.
“But I do find the particulars in the warrant are vague and imprecise.
“Therefore I don't find it to be a valid warrant and I can discharge the defendant.”
Granting Dr Toben bail, the judge laid down a set of strict conditions including that he come up with 100,000 pounds ($247,465) in cash as security.
He must also reside at a specific address approved by British authorities, report daily to police but not use the internet or speak to the media or attend public meetings.
Dr Toben's lawyers had argued that the arrest warrant was fatally flawed because it did not detail the time and place of the alleged offences or the 64-year-old's exact involvement.
However, lawyers acting on Germany's behalf said Dr Toben should extradited so he could be put on trial for posting anti-Semetic and revisionist material on the internet between 2000 and 2004 in Australia, Germany and other countries.
Unlike in Britain, Holocaust denial is a crime in Germany and offenders can face up to five years in jail.
Dr Toben, who founded the Adelaide Institute, smiled broadly as the judge handed down her decision.
A group of about 10 of his supporters, including British Holocaust denier David Irving and former Australian beauty queen Lady Michele Renouf, also cheered the decision from the courtroom's small public gallery.
Irving said he believed the High Court would uphold the judge's decision.
“This shows that we defeated Germany again, we've defeated Europe in fact,” Irving told reporters.
“We've always believed in freedom of speech in this country, no matter how crazy people's views are.”
The High Court is expected to hear Dr Toben's case early next year.
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