Holocaust Denial on Trial, Trial Judgment: Electronic Edition, by Charles Gray

Table of Contents

The issue of identification

2.6 It is incumbent on Irving as Claimant to establish that these passages would have been understood by readers of Denying the Holocaust to refer to him. In their statement of case, the Defendants take issue with Irving's assertion that those passages refer to him.
2.7 To the extent that he is named in the passages cited above, readers would of course have taken them to be referring to Irving. With the exception of the title page, all the passages complained of do make mention of Irving by name. I am satisfied that readers would have understood all those passages to refer to Irving. The Defendants have not sought in the course of the trial to suggest otherwise.
2.8 I add the rider that the assertions, to be found principally at pages 111, 181 and 221, that Irving is a Holocaust "denier" and a spokesperson for Holocaust denial will in my judgment cause readers to understand references   to "deniers" elsewhere in the passages complained of as importing a reference to Irving individually. Accordingly I am satisfied that readers of Denying the Holocaust would have understood Irving to be one of those who (to quote from page 111) "misstate, misquote, falsify statistics and falsely attribute conclusions to reliable sources".

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accessed 11 March 2013