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http://www.theaustralian.news.com.au/story/0,25197,22851209-5013404,00.html
Holocaust denier withdraws apology
HOLOCAUST denier Fredrick Toben has withdrawn his apology to the Federal Court for publishing banned material, vowing yesterday to defy orders to remove postings doubting the Nazi extermination.
Dr Toben, who spent seven months in a German prison in 1999 for inciting racism, may face another jail term or fines if he does not comply with the orders renewed this week to remove the banned material and is consequently found in contempt of court.
On Tuesday, Dr Toben apologised to the Federal Court in Adelaide for breaching orders made in 2002 that banned him from publishing material implying the Holocaust did not happen.
The Australian Jewish News then published an article by Peter Kohn about the court proceedings, with the headline "Toben gives Holocaust denial apology in court".
Dr Toben yesterday published a response on his Adelaide Institute website, declaring "it's on", and that he would cease removing the banned material from his website as ordered by the court.
Dr Toben told The Weekend Australian he took issue with the Jewish News headline and his belief on the Holocaust "was never the subject of the apology".
"If the below interpretation (the Jewish News article) is consistent with the court order, I'm withdrawing from the consent agreement," Dr Toben said.
"The interpretation was not explicitly or implicitly canvassed before the consent agreement was written up."
The court has ordered Dr Toben to remove website material that judge Catherine Branson found in 2002 had breached the Racial Discrimination Act. The postings implied the Holocaust did not happen and doubted the existence of gas chambers at Auschwitz concentration camp. Dr Toben has also been banned from publishing material implying Jews who were offended or challenged by Holocaust denial were of limited intelligence, and material implying some Jewish people had exaggerated the number of Jews killed in World War II and the circumstances for financial gain. Australian Jewish News editor Ashley Browne said the newspaper stood by its report.
"We reported the story based on what we understood to be the case, and that he (Dr Toben) was under a lot of pressure to give an apology," Mr Browne said.
"We stand by our report and our version of events."
Steven Lewis, representing Jeremy Jones, who brought the action against Dr Toben to force him to comply with the court orders, said the case might resume next year if Dr Toben refused to remove the material.
"I've always had a concern that Mr Toben may do his own thing, and it appears those concerns have been justified," Mr Lewis said.
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