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Judgement

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

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Finding as to Irving's mo... >>

The issue as to Irving's motivation

13.136 After that brief digression to Moscow, I return to the central issue of Irving's historiography. As I have already held, the passages in Denying the Holocaust of which Irving complains include as an important part of their defamatory sting the meaning that he has deliberately falsified and distorted the historical evidence because he is an apologist for and a partisan of Hitler and on that account is intent on exonerating him.
13.137 Irving considers, rightly, that this is a grave imputation because it reflects on his integrity as an historian. It is an imputation which the Defendants have sought to justify. Because of the seriousness of the charge, the standard of proof required is, in accordance with the approach which I have outlined in paragraph 4.10 above, commensurately higher. It goes without saying that it is an issue which requires anxious consideration.
13.138 It is necessary to define clearly what is the issue which must be decided. In the earlier parts of this section of the judgement, I have made findings adverse to Irving in relation to his historiography and in relation to his account of Hitler's attitude towards the Jews including in particular Hitler's complicity in the policy of exterminating them. I have further made findings, also adverse to Irving, in relation to his claims about Auschwitz   and in relation to his account of the bombing of Dresden. Irving sought to defend what he has written and said as being a fair and accurate account of the historical evidence available to him. In the respects already set out in detail in this judgement, I have in the main found against him. But the Defendants must, as they accept, go further if they are to succeed in their plea of justification: they must establish that the misrepresentation by Irving of the historical record was deliberate in the sense that Irving was motivated by a desire borne of his own ideological beliefs to present Hitler in a favourable light. Irving's case is that, if (which he denied but which I have found) he has misrepresented the evidence, such misrepresentation was innocent in the sense that it arose through simple mistake or misapprehension. He denied the charge of deliberate falsification or perversion of the evidence.The issue which I must decide is whether the Defendants have proved that denial to be false.
Finding as to Irving's mo... >>