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Arbeit macht frei: - Fredrick Töben

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HIS HONOUR: No?<br />

Dr <strong>Töben</strong>: Oh. Are you asking – sorry.<br />

HIS HONOUR: Yes. Do you accept that you disobeyed the orders made<br />

by Branson J on 22 September 2002, and failed to comply with the<br />

undertaking given to Moore J on 27 November 2007?<br />

Dr <strong>Töben</strong>: That is still – I would need to seek legal advice on that, because<br />

that’s – it’s not in this affidavit, in this written affidavit, your Honour.<br />

HIS HONOUR: Very well. Yes, Mr Perkins, do you have any reexamination?<br />

MR PERKINS: Your Honour, I wished to take up the question as raised<br />

about Dr <strong>Töben</strong>’s means and ability to pay a fine, so, yes, I do wish to ask …<br />

HIS HONOUR: Yes. I’ll allow you to do that. I’m not quite sure that it is<br />

proper re-examination, but if it goes beyond re-examination then I might<br />

hear Mr Margo in relation to any further cross-examination. But I’ll<br />

certainly allow you to lead evidence in relation to Dr <strong>Töben</strong>’s means,<br />

because that’s a relevant matter for my decision.<br />

MR PERKINS: Thank you, your Honour.<br />

RE-EXAMINATION BY MR PERKINS [12.23 pm]<br />

MR PERKINS: Dr Toben, what means – what income do you have?<br />

Dr <strong>Töben</strong>: I receive the disability pension, and from June on it will be an<br />

old age pension. I’ve reached 65.<br />

Mr Perkins: You were asked some questions about an interview with a<br />

reporter by the name of Pia Akerman; is that so?<br />

Dr <strong>Töben</strong>: Yes.<br />

Mr Perkins: And do you have the report of that article in front of you<br />

currently?<br />

Dr <strong>Töben</strong>: Yes, I have.<br />

Mr Perkins: And would you have a look, please, at the last thing said in<br />

that report?<br />

Dr <strong>Töben</strong>: This – the last paragraph?<br />

Mr Perkins: Does the report refer to where you were going after you had<br />

the interview?<br />

Dr <strong>Töben</strong>: Oh, yes. I’m – before meeting with this lawyer I was going to<br />

Melbourne, yes. That was before meeting you.<br />

Mr Perkins: Do you have money in the bank?<br />

Dr <strong>Töben</strong>: No. Maybe …<br />

Mr Perkins: Yes, continue, please?<br />

Dr <strong>Töben</strong>: Maybe 50 or so whatever dollars, something like that, yes. I’m<br />

not sure.<br />

Mr Perkins: In a previous affidavit you – well, I withdraw that. You’ve<br />

previously said within the four corners of these proceedings that you<br />

owned a library?<br />

Dr <strong>Töben</strong>: Yes.<br />

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