Irving’e karşı Lipstadt


Holocaust Denial on Trial, Outline submissions on behalf of the First Defendant: Electronic Edition, by Richard Rampton

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The applications before the Court of Appeal

1. The Claimant ("Irving") has two applications before the Court of Appeal:
  • 1.1Application for permission to appeal dated May 2000 (as amended in August 2000). The trial judge, Gray J, had refused permission to appeal on April 2000. Irving's grounds are set out in the Skeleton Argument dated 2nd August 2000.
    • Under a direction made by Sedley LJ, the First Defendant made submissions in response to Irving's skeleton argument (6th September 2000) to which Irving replied (3rd October 2000).
    • On 18th December 2000, Sedley LJ refused Irving permission to appeal, giving detailed reasons.
    • Irving has renewed his application for permission to appeal at an oral hearing before the Court of Appeal.
  • 1.2 Application for permission to adduce fresh evidence at the hearing of the application for permission to appeal (and, if successful, the appeal) dated 1st March 2001.
    • The application is supported by a witness statement from Irving (27th February 2001) and a skeleton argument dated 1st March 2001 (Adrian Davies)
    • The fresh evidence consists of a 384-page witness statement from Germar Rudolf (a chemist) and a short statement from Zoe Polanska-Palmer (who claims to have been at Auschwitz).
    These submissions deal shortly with Irving's second application (fresh evidence). However, for the reasons set out below, there is some overlap between the two applications.