Holocaust Denial on Trial, Appeal Judgment: Electronic Edition, by Lord Justice PillTable of Contents
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Hitler's trial in 1924 and crime statistics for Berlin in 1932
50. Neither party was disposed to attach much importance to the applicant's views on these events or to the judge's conclusions. Mr Davies refers to the judge's statement (13.12) that "Irving ought to have appreciated that Hofmann's allegiance to Hitler rendered his testimony untrustworthy". The manner in which the applicant had sought to explain his approach to Hofmann's testimony, summarised by the judge at 5.27, certainly justifies that finding, in our view. However, submits Mr Davies, that was far from a finding of perversity. The same can be said, submits Mr Davies, of the judge's conclusion in relation to 1932 (13.13): "Whilst I am sympathetic to Irving's handicap in being unable to obtain access to documents in the German archives, I am not persuaded that there exist documents which justify Irving in quoting without any reservation the claim made by Daluege [that in 1930 a strikingly large proportion of offences of fraud in Germany were committed by Jews]". That conclusion reverses the burden of proof, it is submitted, and in any event certainly cannot be regarded as a finding of perversity.