Archive/File: people/i/irving.david/libel.suit/transcripts/day028.06
Last-Modified: 2000/07/25
MR JUSTICE GRAY: I agree. I have just said, I take
Mr Rampton's point, that you are perfectly at liberty to
say that you have left out a particular entry is
significant for one reason or another, but I have the
picture from the selected extracts and all I am asking you
to do is to ----
MR IRVING: Speed things up.
MR JUSTICE GRAY: --- help on the overall association rather
than go through individual diary entries.
. P-49
MR IRVING: We have one more specific episode here, April 29th
1992, there is a fax from Althans, and I say ----
A. April 19th?
Q. '92?
A. No, 19th.
Q. April 29th 1992.
A. Excuse me.
Q. "Fax from Althans with an horrendously tasteless
invitation to my Tuesday press conference"?
A. Yes.
Q. Then on May 4th, from the diary again, 1992 ----
A. Yes.
Q. "The Manager of the Bahlscheroff has cancelled the booking
because of Althans' horrendous invitation leaflet"?
A. Yes.
Q. So to turn to my original question which his Lordship
wishes me to ask you, it is clear that relations with
Althans were brittle?
A. I would say yes.
Q. Yes.
A. But intense.
Q. So although you quite rightly say there were contacts
between myself and Althans, and his Lordship has seen an
ongoing correspondence ----
A. But very intense.
MR RAMPTON: The witness was cut off he said intense, brittle
. P-50
but intense, is that right.
MR JUSTICE GRAY: Thank you very much.
MR IRVING: Well, in the sense that our relations with Adolf
Hitler during World War II were brittle but intense, is
that correct?
A. This comparison does not hold.
MR JUSTICE GRAY: No, do not dealt with it at length because I
do not think it helps either.
MR IRVING: Paragraph ----
A. Because may I add that I not caught into a wrong
perception of my answer, it was intense co-operation based
on the interaction with Zundel and others, and also, as
I said, the Kuhnen connection, with which Althans has also
very intense relationships at that time. So they often
came twice, like both of these groups or persons, to the
same meetings where you attended. So I see this
collection of references that show that you have problems
with him more on a tactical basis, you know. You said he
is unprofessional, he did wrong invitations. So...
MR IRVING: Horrendous?
A. Or he messed the things up. So, with respect to your
efficiency to put your things down to the German audience,
yes, he was not efficient, but because of the contents you
shared it was at the beginning and in the coming year, you
know, at the beginning, a very helpful and very intense
relationship and co-operation.
. P-51
Q. Until one learns more about the man and then you tend to
break away from someone, would that be possible?
A. Yes, of course.
Q. Yes. In paragraph 5.1.5, you mentioned once again there
incidentally, Professor Funke, the name of "Kuhnen". You
do accept that I have never met Kuhnen, never had a single
word exchanged with him and never written to him?
MR JUSTICE GRAY: He has already accepted that.
A. I have to even question this because I do not know, but
there are hints that, for example, but, you know -- your
Lordship, am I allowed just to do ----
MR JUSTICE GRAY: We dealt with this yesterday.
A. Yes.
MR JUSTICE GRAY: I have the impression that you accept you
have got no evidence that Mr Irving has met Kuhnen or
corresponded with Kuhnen?
A. They were at the same march. That is not getting
slippery. He was on the same march, maybe only two or 20
minutes, you know, you do not know ----
MR IRVING: Which march was this?
A. --- he was in the same meeting of the march to the
Vertherren Halle, the famous, the second famous, as you
say, and he was, so far the records are there, he was --
Kuhnen was at the 3rd March '90. But as long as we do
not -- it is, you know, these groups are conspiracy.
MR IRVING: Conspiratorial.
. P-52
A. Conspiratorial. These groups, the Kuhnen connection, one
of their main points is to act conspiratorially. So they
use you as a kind of the most political outsider, as
Christian Worch told it in the letter in June '90, so
there was a special interaction. So this conspiratorial
things, you even are not in their perception allowed to
talk about this event, what really happened at 3rd
March '90. So you even from their perspective had to
sanitize your diary. There is nothing about the whole
event at 3rd March of '90, and the lie. So there is,
I just have to say it, I have just to say that there are
sources that said Kuhnen, Worch and Mr Irving were there,
but, you know, as long as we have not the ----
Q. We are going to look at the sources later.
A. --- definitive proof, I have to be cautious at that.
MR JUSTICE GRAY: Well, he is not on the list.
MR IRVING: Kuhnen?
MR JUSTICE GRAY: No.
A. I did not know.
MR IRVING: Is Kuhnen not ----
A. He was on the list.
MR IRVING: He was on the list yesterday, I believe.
MR RAMPTON: That is a mistake. I mean, I will have in the end
to be guided by the evidence of the witness. If the
witness, under pressure from Mr Irving, refuses to concede
that the link between Althans and Kuhnen is illusory,
. P-53
well, then he has to go on the list.
MR IRVING: It is the link between me and Kuhnen that we are
interested in.
MR RAMPTON: I do not find that very difficult either, I have to say.
MR IRVING: My Lord, on a point of law, I would like to be
reminded of here, if a grave allegation is made in libel,
do we have to expect an enhanced degree of proof and it is
not just the balance of probabilities.
MR JUSTICE GRAY: I am not quite sure why you raise that point
now, but the answer is yes.
MR IRVING: I just wanted to remind myself, in other words,
what I can now be confident your Lordship is paying
attention to.
MR JUSTICE GRAY: At the moment it seems to me that the link
with Kuhnen is extremely tenuous and if there are not
better fish to fry, if I can put it that way, then I am
not impressed. I really think we must move on.
MR IRVING: Paragraph 5.15, we have Remer who is one of the
people on the list. Will you accept just in two lines or
one line that this July 22nd meeting with General Remer on
the evidence which has been before the court, do you have
it, Professor Funke? It is on page 53.
A. Yes.
Q. At this meeting with Remer at Flotto was a conversation
with him for the purpose of interviewing him for my
. P-54
Goebbels biography.
A. Yes, it seems so, yes, and you did attend later on as
I see.
Q. Yes, and although we have seen evidence that he may have
been in the audience of some meetings I addressed, there
is no other evidence of contact between us?
A. So far I see, yes.
Q. Paragraph 5.1.5, when I in line 2 of that describe
somebody as being a bit of a right-wing friend of someone,
a rather right-wing friend, does that ----
A. Where is it?
Q. Line 2 of paragraph 5.1.5.
A. Yes.
Q. If I described somebody as being a rather right-wing
friend of somebody, does that tell you something about my
attitude to right-wingers?
A. No.
Q. It does not? Does it not imply that I hold right- wingers
at arm's length slightly?
A. No. There are other statements that you describe yourself
as a right-winger, but we come to that later.
Q. 5.1.6, this demonstration, this little
demonstration, which organize rather wickedly outside the
German Sender Freies Berlin ----
A. Right.
Q. --- television station, of which we have seen the
. P-55
photograph, Pedro Varela was there, was he not?
A. I do not know. This is photograph, yes, then he was there.
Q. He was next to me holding a placard calling German
historians liars and cowards?
A. Yes, right, yes.
Q. How do you know that it was because of the repugnance of
my views that the historians refused to debate with me,
Jaeckel and the other historians who have been invited on
to this panel?
A. So far I know it is because of your radicalization of your
revisionist viewpoints since you endorse the so-called
Fred Leuchter report.
Q. Like the Second Defendant in this case, all these
historians refuse to debate with people who have different opinions?
A. No, say it again.
Q. These historians refuse to debate with people who hold
different opinions to themselves?
A. No, not at all, not at all. They are very informed and
debatable, debating scholars, like Jaeckel, for example.
I know him very well.
Q. There is a footnote on the previous page 53, 158, you
refer to a letter that I say that I am brushing up my
Holocaust vocabulary?
A. It is on?
. P-56
Q. Page 53, because I am about to go to Spain, am I not, and
go on a lecture tour organized by Mr Varela? This is footnote 158.
A. Excuse me.
Q. In the meantime, I will freshen up my Holocaust vocabulary?
A. Yes.
Q. If you were going to make a lecture tour in Spain, in
Spanish, would you also want to know how to translate
words ----
A. Yes, of course.
Q. --- and you would make sure you have the correct words?
A. Of course.
Q. That is what that refers to, in other words?
A. Yes.
Q. There was nothing sinister about it. Paragraph 5.1.7,
this is still about the Berlin demonstration, and I say
that some of the people who are turning up on our behalf
are some quite rough in my private diary, is it not?
A. Yes.
Q. What was the political situation in Berlin at that time?
Was there a violent left-wing scene? I mean, the
anarchists, were they an extremely violent gang of thugs
who went around brutalising people?
A. That period of time I was in Berkeley, California.
Q. Well, Berkeley was much the same, was it not?
. P-57
A. Not, at that point of history.
Q. It was when I spoke there.
A. No.
Q. But in Berlin?
A. So I do not feel, you know, endangered by this.
Q. I am sure you do not, but, well ----
A. As a normal person ----
Q. What is the word ----
A. --- and also my friend.
Q. What does the word "Chaoten" mean to you? It is
C-H-A-O-T-E-N?
A. Chaoten? You want a good translation?
Q. Well, I just want to know what image does it conjure up?
It is frequently used by the press, is it not, to describe
people to breaking up demonstrations?
A. Yes. They bring up demonstrations and doing it too often,
this is a kind of subtext of it.
Q. So if you were organizing any kind of demonstration, even
on the smallest scale in Berlin, you would want to go
along and make sure that you were not going to be beaten
to a pulp, you would have people there who were able to
protect your suit or whatever?
MR JUSTICE GRAY: Mr Irving, you have lost me completely.
I just do not know what point you are seeking to make.
MR IRVING: The witness has referred to the fact that,
obviously, I made a note in my diary that some of the
. P-58
people who were coming along to our demonstration that
night were rough necks, some quite rough, I think are the
words, and I am just pointing out there was obviously a
reason why we were glad to have one or two people with
shoulder muscles there.
A. Was there a kind of violent interaction?
MR JUSTICE GRAY: Well, Professor Funke ----
MR IRVING: We have moved on.
MR JUSTICE GRAY: --- don't let us spend time.
MR IRVING: Paragraph 5.1.8, please? "Irving told
journalists", towards the end of that paragraph, "'The
result of this report is final. There was no mass murder
with poison gas'"?
A. Yes.
Q. Do you accept that this was not a verbatim transcript of
that particular press conference
A. It was not a what?
Q. Verbatim transcript, it is not a worlaut protokol?
A. There was no mass murder with poison gas. "Es gab keine
Massentotung durch Giftgas".
Q. Yes, but you accept that this is not necessarily a
verbatim protocol of my actual words as spoken at that
press conference
A. Yes, it is a summary, it seems to.
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