Holocaust Denial on Trial, Appeal Judgment: Electronic Edition, by Lord Justice Pill

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Anti-semitism and racism as motivation and association with right wing extremists

28. The judge recorded (9.1) that no allegation of anti-semitism or of racism had been levelled against the applicant in Denying the Holocaust. The respondents claim that the applicant's alleged racism and anti-semitism "provide a motive for his falsification of the historical record" (9.1). No objection is made to the body of evidence on these subjects incorporated into the judgment (9.4 -- 9.7). It is not necessary for present purposes to set out this evidence or even to summarise it. The judge was justified in saying (13.101) of the statements of the applicant recorded at 9.5 that: "His words are directed against Jews, either individually or collectively, in the sense that they are by   turns hostile, critical, offensive and derisory in their references to semitic people, their characteristics and appearances." It is common ground that the material goes "to allege motive only" (paragraph 191 of notice of appeal). The judge concluded that the "inference which ... is clearly to be drawn from what Irving has said and written is that he is anti-semitic." (13.105) The judge accepted that the applicant "is not obsessed with race" (13.108) but added that "he has on many occasions spoken in terms which are plainly racist". In this application, the applicant does not seek to challenge those findings which go to motive only. The respondents contend that they help to explain why a military historian with much to commend him has allegedly "falsified and misrepresented the historical evidence".
29. The judge also found (13.115) that the applicant had associated "to a significant extent" with named individuals who are "all right-wing extremists". The judge concluded that the applicant's "association with such individuals indicates in [his] judgment that Irving shares many of their political beliefs". That finding is not challenged in this application. The main point put in issue is, I repeat, the applicant's reputation as an historian.

accessed 12 March 2013