'Holocaust denier' wins extradition case

The British High Court today formally dismissed an appeal against a ruling that blocked the extradition to Germany of suspected Holocaust denier Gerald Fredrik Toben.

The controversial 64-year-old Australian historian was wanted by the German authorities to stand trial for allegedly publishing anti-Semitic material on the internet between 2000 and 2004.

The Mannheim district court sought his extradition through a European Arrest Warrant.

District Judge Daphne Wickham, sitting at City of Westminster Magistrates’ Court, ruled the warrant invalid and described the particulars of the accusations against Dr Toben as “vague and imprecise”.

The German authorities launched an appeal, arguing the judge had gone wrong in law.

But today Lord Justice Latham and Mr Justice Blair, sitting at London’s High Court, announced that the German authorities had consented to the appeal being dismissed.

Later Dr Toben’s solicitor Kevin Lowry-Mullins said he did not think a fresh warrant would be issued, and today’s announcement was likely to be the end of the matter.

He said: “They will not be pursuing the matter because they have been advised by the Crown Prosecution Service there are a number of hurdles to get over, which means they will have enormous problems taking it any further.”

The case caused alarm in Britain about freedom of speech because, unlike in Britain, Holocaust denial is a crime in Germany and offenders can face jail sentences.

Dr Toben was arrested at Heathrow Airport on a flight from America, on his way to Dubai.