Arbeit macht frei: - Fredrick Töben

MR MARGO: The relevance of the question was not – it’s not suggested
that Dr Toben is prevented by the orders from doing what he did in Iran.
It’s to the question of whether the contenders received, or sought to
receive a benefit or gain from his contempt.
HIS HONOUR: Well, I think it’s a little late to suggest there are some
aggravating features of the contempt at this stage. I won’t allow the
question.
MR MARGO: It’s in our submissions. If the court pleases, no further
questions.
HIS HONOUR: Yes. Any re-examination, Mr Perkins? But before you
do, Mr Perkins, can I ask for myself these questions, so that I understand
exactly Dr Töben’s position?
HIS HONOUR: Dr Toben, in paragraph 32 of your affidavit, sworn and
filed today, you said that: I am advised, and I accept that in the
circumstances that I’ve been found by this honourable court to be guilty of
contempt, it is absolutely incumbent upon me to apologise for carrying out
the actions which are the foundation of findings. I do apologise.
HIS HONOUR: Do I understand from that that you unreservedly
apologise to the court for the various acts of contempt since 27 November
2007?
Dr Töben: I do.
HIS HONOUR: And do I understand that you will stand by that
apology?
Dr Töben: I’ll stand by this apology.
HIS HONOUR: And do I understand that you’ll not withdraw the
apology after these proceedings are finalised?
Dr Töben: I have taken legal advice. This is what I stand by, your
Honour.
HIS HONOUR: And you’ll not withdraw those apologies?
Dr Töben: I will not withdraw the apologies.
HIS HONOUR: Thank you. And you also say that you’ve been advised,
and you acknowledge that failure to adhere scrupulously to the terms of
the order undermines the authority of this honourable court. Do you now
accept – do you now understand and accept that your conduct on the
various occasions, which I found proved since 27 November 2007,
undermine the authority of this court?
Dr Töben: I, through discussion with Mr Perkins, now accept this, that the
way the matter was presented and so on is – I accept it. I accept it. All
right, yes.
HIS HONOUR: And do you accept that you failed – that you disobeyed
orders of this court, and failed to honour an undertaking given to this
court?
Dr Töben: Where’s that? Is that – did I write that here?
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