[Police officers Luby and Williams were the first and second witnesses
called by the Crown. They testified on February 3 and 4, 1988.]
Luby was a sergeant with the Metropolitan Toronto Police Force with 27
years' experience. In 1984, Luby had been assigned to provide investigative
assistance to the Crown in the case of Ernst Zündel. Zündel had
initially been charged by a private citizen but the charge was later taken
over by a Crown Attorney, Peter Griffiths. Williams was also a sergeant
with the Metropolitan Toronto Police Force and had been with the Force
for 26 years.
Sgt. Luby testified that he attended at Zündel's house at 206 Carlton
St., Toronto, on May 29, 1984, at about 7:10 p.m., together with his partner
Sgt. Williams. They were sent there by the Crown to ask Zündel specific
questions and record the answers. Luby knew that a charge had been laid
against Zündel.(Luby, 8-1534 to 1537)
The questions requested by Crown counsel Griffiths to be asked were: (1)
whether or not Mr. Zündel was the person who had signed two publications
which Sgt. Luby had in his possession during the visit, namely, Did Six
Million Really Die? and The West, War and Islam; and (2) whether he was
the same person (Christof Friedrich) named as one of the authors of the
book The Hitler We Loved and Why. (Luby, 8 1535, 1536)
The officers were welcomed into the rear side door of the house by Zündel,
who said to Sgt. Luby: "I've been expecting you. My lawyer called
me." (Luby, 8-1574; Williams, 8-1580) Luby stated he knew Zündel's
lawyer was contacted, although he could not recall who actually contacted
her. (Luby, 8-1576)
After being taken into the front room, Sgt. Luby asked Zündel whether
or not he would mind answering a few questions that the Crown Attorney
wanted answered to clear up a few matters. Zündel replied that his
lawyer had told him not to give a statement to the police or to sign one,
but that he would be glad to talk with the officers. Sgt. Luby held up
the pamphlet Did Six Million Really Die? and asked: "Are you the publisher
of this pamphlet?" and Zündel answered: "Yes, I published
it, but it's the work of a professor from England. I did the opening and
closing pages, but this is being distributed all over the world."
He spoke extensively on its distribution. (Williams, 8-1580, 1581)
Luby put another question to him: "Are you the same person named on
the publication The Hitler We Loved and Why, Christof Friedrich'?,"
and Zündel replied: "Yes, they are my middle names, but everybody
knows that. I've been writing these things for twenty-five years."
Zündel said he was the president of Samisdat Publishers Ltd. and had
signed both publications. Luby said, "That's all the questions I have,"
and the officers had some casual, light, jovial conversation with Zündel.
Zündel mentioned that he had requested guidelines on 'hate' literature
from the Attorney General's office but had not received any. (Williams,
8-1581 to 1585)
Williams stated that only two publications were shown to Zündel, Did
Six Million Really Die? and The West, War and Islam. Luby testified that
he "believed" he had The Hitler We Loved & Why in his briefcase
but did not know whether he took the book out of the briefcase or not.
(Luby, 8-1535, 1536) Zündel was not asked whether he wrote the text
of The Hitler We Loved and Why, or whether he was the publisher. (Luby,
8-1542; Williams, 8-1584 to 1586)
Although Luby could remember Zündel telling him that he had sent the
publication Did Six Million Really Die? to Attorneys General, lawyers and
Members of Parliament, he could remember very little else about the visit
with certainty, except that he and Zündel had a friendly conversation,
talking and laughing about flying saucers. (8-1542, 1543) Zündel spoke
about his theories concerning flying saucers being developed towards the
end of the Second World War by the Germans and that they were flying out
of South America. (Luby, 7-1220)
Luby admitted that in speaking with Zündel he may have surrounded
the questions with casual conversation that made it appear he was there
for no particular reason. (Luby, 8-1538) In his notes concerning the visit,
Luby recorded the answers to the particular questions he had been sent
to ask, while the rest of the conversation with Zündel he summarized
as being general, friendly conversation. (8-1540, 1541)
The Hitler We Loved and Why dealt with the reasons people had loved and
admired Adolf Hitler. It contained no information on the issues raised
by Did Six Million Really Die? concerning the Holocaust. Nevertheless,
over objections of defence counsel (7-1231 to 8-1438) the entire book was
shown page by page to the jury on an overhead projector and read by Crown
attorney John Pearson and witness Luby. (7-1231 to 8-1438)1
"As It Happens"
Luby testified that as a result of information received, he attended at
the CBC radio archives at 90 Sumach St. on the 6th floor on January 4,
1988 and there listened to a master tape of the programme "As It Happens"
aired on February 27, 1975, tape number 750227-2 which featured an interview
between hostess Barbara Frum and a male person referred to as "Christof
Friedrich." (8-1439 to 1446).
Luby returned on January 7, 1988 and obtained, pursuant to a search warrant,
two duplicate copies of the "As It Happens" programme he had
earlier listened to. (8 1441)
Luby was not aware of any previous conversation Barbara Frum may have had
with Zündel prior to the programme indicating what she might like
in the way of response or entertainment. Nor was he aware of whether or
not the interview as broadcast had been edited down. In a conversation
with Barbara Frum, Luby did not ask how long the original interview with
Zündel had been or whether the CBC edited the interview by picking
the most sensational parts for broadcast. (8-1529 to 1534)
The tape, which dealt with the subject of UFO's developed by the Nazis,
was played in full to the jury as part of the Crown's case. Luby identified
the voice on the tape as that of Ernst Zündel (8-1445, 1446).
UFO's: Nazi Secret Weapon?
Sergeant Luby testified that Samisdat Publishers Ltd., the publisher of
the book UFO's: Nazi Secret Weapon?, was owned by Zündel. Using the
overhead projector, Luby and Crown counsel John Pearson projected and read
to the jury the first 16 pages of the book as well as its front and back
covers. These portions of the book dealt with the National Socialist party
programme. (8-1447 to 1489)
Judge Thomas reminded the jury that, as with the book The Hitler We Loved
and Why, Zündel was not on trial for publishing the book UFO's: Nazi
Secret Weapon?, but that they could use the books and the As It Happens
tape as "evidence with respect to the issue of knowledge of alleged
falsity of the publication." (8-1489, 1490)
On cross-examination, Luby testified that he could not remember whether
or not Zündel had shown him any other books or materials, including
a letter dated November 10, 1983 from Zündel to Roy McMurtry [then
Attorney General for Ontario] in which he asked for guidelines on hate
literature. (8-1559-1541)
Christie pointed out to Luby that the title UFO's: Nazi Secret Weapon?
ended with a question mark. Luby agreed that a question mark in a title
suggested that it was not a statement of fact. Luby also agreed that the
UFO book specifically stated that the authors had distributed their findings
"as a basis for discussion and further study" and agreed that
it was "possible" that this indicated that the book was meant
to put forward a tentative opinion for consideration. (8- 1544-45)
Christie asked Luby to read the remaining part of the Introduction from
Did Six Million Really Die? which was not previously read to the jury.
Asked if this purported to be a historical opinion, Luby replied that it
"purports to be a historical opinion under the signature of Richard
E. Harwood." (8-1552)
Christie read out the introductory and closing pages of Did Six Million
Really Die? which Zündel himself had written. (Luby, 8, 1556-1575)
In these pages, Zündel had written as follows:
TO ALL CANADIAN LAWYERS AND MEDIA REPRESENTATIVES:
This booklet is the type of material that the Attorney General of British
Columbia considers 'racist'. The Attorney General of Ontario, at the behest
of his B.C. colleague, is purportedly conducting an investigation of Samisdat
Publishers preparatory to the laying of a criminal charge of "promoting
hatred against an identifiable group."
Samisdat intends to use this opportunity, however unwelcome, to test the
definition and hence, the validity of the so-called 'Hate Law' section
of the Canadian Criminal Code. What is now becoming clear to all of us,
even to those who enacted the so called 'Hate Law', is that we enacted
not so much an instrument against hate as an instrument against truth.
Canada was a civilised country before the passage of the 'Hate Law'. We
already had laws against the incitement to riot, to murder, to arson, to
the commission of assault and bodily harm. Our laws protected and still
protect every citizen from libel, slander and defamation. But the outlawing
of 'hate' does not thereby abolish feelings of hate, as we all know. To
prohibit expressions of hatred may even cause such feelings to go unvented
until they become explosive and take the form of violence. Prior to the
'Hate Law', we Canadians behaved with mature composure when encountering
hateful expressions. We simply shunned the haters and left them to spew
out their ire, unsupported and alone. In most cases, a cold dose of healthy
public ridicule would quench the more volcanic vituperators and reason
would be restored. But something happened to us, for as we have grown older
as a country, we have become less mature and less secure. Our passage of
the 'Hate Law' was a grave reflection upon ourselves. It revealed a sudden
loss of confidence in our own wisdom and judgement and in the wisdom and
judgement of the great majority of Canadian voters and citizens. Suddenly,
we had to be protected from ourselves and just as suddenly, we became refugees
from freedom. No democracy that so distrusts the majority can long remain
a democracy; it becomes a police state in the worst tradition of police
states.
Unfortunately, only a few clearsighted and courageous individuals protested
the enactment of the 'Hate Law'. So thick were the clouds of hysteria and
half-truth over the matter that only these few perceived the dangers inherent
in a statute which could be used at the discretion of a public official
to suppress the freedom of enquiry and discussion in regard to relevant
public issues. Among these few protesters, I proudly number myself, for
I spoke out then and I speak out now, on behalf of our basic freedom to
act as thinking human beings.
As we stumble along the road to the 1984 of George Orwell, we sometimes
receive a taste of his dismal future-fantasy well ahead of schedule. Pernicious
'thought-crime' legislation like the 'Hate Law' has brought us 1984 already.
It has not outlawed hate, but it has outlawed truth on behalf of those
predatory vested interests whose archenemy is truth!
This booklet has been sent to you free of charge as a public service. After
reading it, you are perfectly free to agree or to disagree with its content.
You may even ignore it and leave it unread. Truth has no need of coercion.
Those who choose to ignore the truth are not punished by law--they punish
themselves. We of Samisdat Publishers do not believe that you should be
forced to read something, any more than we believe that you should be forced
not to read something. Obviously, we have much more faith in your soundness
of mind and good judgement than do the enactors and enforcers of the 'Hate
Law'! Whether you agree or disagree with the facts presented in this booklet,
we invite you to assist us in reclaiming and safeguarding the freedoms
we have all so long enjoyed, until now, in Canada.
Help us remove this shameful stain of tyranny from our otherwise bright
and shining land. Help us strike the terrible sword of censorship from
the hands of those who would slay truth in pursuit of their dubious aims.
Without freedom of enquiry and freedom of access to information we cannot
have freedom of thought and without freedom of thought, we cannot be a
free people. The matter is urgent. Can you help us restore and protect
the freedom of all Canadians?
You can help decisively by sending your contribution to the Samisdat Legal
Defense Fund. Legal fees are costly in the extreme. We anticipate daily
expenditures of $1,000.00 in attorneys' fees and in the reimbursement of
witnesses who must be flown in from Australia, Israel, Europe and from
both American continents. Whatever help you can provide will make 1984
a much better year for your children and grandchildren -- a year in which
freedom of thought will not be a memory, but a beautiful reality!
(Signature) Ernst Zundel, Publisher SAMISDAT PUBLISHERS LTD.
On the back two pages of Did Six Million Really Die?, Zündel had reproduced
the following newspaper article from the Toronto Sun newspaper:
Firm 'aiding race hatred'
British Columbia Attorney-General Garde Gardom is asking Roy McMurtry,
his Ontario counterpart, to consider laying charges under the Criminal
Code against a Toronto publishing company.
The complaint concerns pamphlets stating that "Hitler was the fairest,
most honorable arbiter of boundaries in the history of Europe," that
the television movie Holocaust was "a Zionist hoax" and that
Auschwitz was "a clean and happy agricultural work camp," a spokesman
for Gardom said yesterday.
"Ontario has been asked to consider charges of promoting hatred against
an identifiable group," the spokesman said.
The request comes after Gardom received material published by Samisdat
Publishers Ltd., of Toronto.
A spokesman for McMurtry told the Sun yesterday the attorney-general had
not yet received Gardom's request and knew nothing of the details of Gardom's
complaints.
Zündel had written the following concerning the article:
ATTORNEY GENERAL ATTEMPTS COVER-UP AND CENSORSHIP Prejudice and Bigotry
in Power? SAMISDAT FIGHTS BACK!
An Appeal to the People of Canada
The above article which casts aspersions on my publishing firm of Samisdat
appeared in the Toronto Sun on November 22, 1979. Similar articles appeared
in other major daily newspapers across Canada. The article attributes statements
allegedly made by Mr. Garde Gardom, Attorney General of British Columbia,
to the effect that literature, pamphlets or other material was received
from Samisdat Publishers which promoted "hatred against an identifiable
group". The only material which Mr. Gardom could have received from
Samisdat was sent to all Attorney Generals in Canada, all members of Federal
and Provincial Parliaments, all media representatives, all clergymen and
to some 8000 Canadians in all walks of life. The result of this mailing
has been worthwhile in terms of fruitful correspondence with numerous members
of Parliament of the three major parties as well as several newsmedia interviews.
If thousands of responsible Canadian citizens, clergymen, media representatives
and members of Parliament have not objected to my materials, I would like
to know what Mr. Gardom has found to be so objectionable and 'hateful'
in the enclosed material. In the interests of Freedom of Speech and Human
Rights, I now ask you to evaluate this information for yourself, before
your right to be informed is denied you through official action.
HAVE WE GERMANS NO RIGHT TO DEFEND OURSELVES?
My name is Ernst Zundel. I am a Toronto businessman of German descent and
I earn my living as a commercial artist. By avocation I write books and
give lectures on general topics of historical interest. In the political
field I have been involved with the issues of civil and human rights on
behalf of German-Canadians for over 20 years. In 1968, on this basis, I
ran for the post of Leader of the Liberal Party of Canada (which meant
the post of Prime Minister) as the youngest candidate and only immigrant
ever to attempt such a feat.
Since that time I have devoted increasing research, study and effort into
illuminating the events of German and world history, particularly in the
1933-1945 period, with the view toward defending Germans and German-Canadians
against the hateful lies surrounding the alleged gassing of six million
Jews by the Nazi Government of Germany. In order to satisfy my own curiosity
and to resolve my own doubts on the subject, I have travelled throughout
the world, interviewed surviving inmates, guards, officials, etc. in connection
with the 'six million' story. I have studied the many relevant documents,
books, eyewitness accounts of both sides. My conclusion, after I had originally
believed the dogma of the 'holocaust', is that no such extermination programme
ever existed and that it is war time hate propaganda masquerading as history.
This viewpoint is shared by such notable experts, historians and researchers
from around the world as:
Prof. Faurisson, an expert historical analyst of ancient documents and
artifacts at Lyon University in France. His 4-year study at the Jewish
Documentation Centre in Paris drew him to conclude thusly;
J.G. Burg, a German-Jewish author and former inmate of several German concentration
camps;
Dr. Bernhard Kautsky, the noted Austrian-Jewish man of letters;
Dr. W. Stäglich, retired judge and author of several books on the
subject. Dr. Stäglich is a German of Hamburg;
Mr. David Irving, English historian and author of many well-known books
about the 2nd World War. He offers a sizable reward for any document signed
by Hitler which orders the extermination of Jews;
Dr. David Hoggan, American professor of history and author of several extensive
volumes on World War II history;
Prof. Arthur Butz, American researcher and author of the controversial
book, The Hoax of the 20th Century;
Prof. A.J. App of the U.S., a well-known writer and lecturer on the topic
of Hitler and the Jews;
Prof. Rassinier, former inmate of several German concentration camps and
member of the French National Assembly, the author of several books about
the Jews in wartime Europe;
Prof. Udo Walendy, German political science lecturer and historian;
Thies Christophersen, German poet and journalist who worked at Auschwitz
and who has written several books and articles about Auschwitz and the
gas chamber myth;
Felderer of Sweden who personally visited postwar Auschwitz in order to
prove that 'gas chambers' had been constructed by the Communists after
the war;
Attorney Bennett of Australia whose research was prompted by his work in
the Civil Rights Section of the Australian Attorney General's Office.
There are hundreds of names of authorities on this topic, all of whom I
have met, interviewed, corresponded with or whose works I have read. Most
of these persons are willing to attend any trial or court proceedings on
this subject in the capacity of witnesses.
ZIONISTS DOMINATE MEDIA. GERMANS ARE DENIED EQUAL TIME!
As I see it, this matter is one of Freedom of Thought and Expression on
the one hand and the Suppression of Freedom and Enquiry on the other. To
seek officially to quell legitimate controversy through the use of smear-words
like 'hate' and 'racism' is neither just nor relevant to the issue. Zionism
is a political movement, not a racial movement. Zionists like Elisabeth
Taylor, Sammy Davis Jr., Pat Boone, Billy Graham and Attorney General of
Ontario McMurtry are not Jews nor Semites; therefore any criticism of Zionist
policy cannot be 'racism'. When Jews disagree as I do with the official
Zionist version of Auschwitz, are they accused of 'racism' or 'hate'?
Many Jews are totally opposed to political, that is worldly, Zionism and
I am proud to number such outstanding figures as these among my friends
and supporters: Rabbi Elmer Berger, former president of the American Council
for Judaism; Haviv Schieber, former mayor of Beer Scheeba and comrade-in-arms
of Menachem Begin and Moise Dayan who is now living as a refugee from Israeli
persecution in Washington D.C.; Benjamin Freedman, former secretary to
Henry Morgenthau Sr. who witnessed at firsthand the Zionist machinations
of the First and Second World Wars. In addition to these individual Jewish
authorities, there are the thousands of Hasidic Jews who protest against
Zionism and the State of Israel as being "the work of the Devil".
There are the Jews who demonstrated against Menachem Begin as a leading
proponent of Zionism. In brief, not all Zionists are Jews and not all Jews
are Zionists. Once again, how can any criticism of Zionist tenets be construed
as 'racism'? Because no Zionist is "a member of an identifiable group"
under the Criminal Code, any more than Liberals or Conservatives, can such
criticism constitute 'hate' under the Criminal Code?
I believe that Zionists and their sympathisers are using the letter of
the law to defy the spirit of the law; that they are using words like "hate"
and "racism" to conceal their very real attempt to suppress the
truth. I do not believe that the so-called 'Hate Law' section of the Criminal
Code was intended to be an instrument for the suppression of free enquiry
and discussion. The 'Hate Law' was adopted by the Canadian Parliament as
a result of almost exclusively Jewish-Zionist agitation. Now it appears
that it is being invoked to prevent the exposure of the biggest money raising
racket of all time, namely the Holocaust Lie. The real issues in this matter
are not 'anti-semitism', 'racism' or 'hate', but Truth, Freedom of Speech
and Press, Freedom of Enquiry and ultimately, Justice. Help us safeguard
these precious freedoms now!
EXERCISE YOUR RIGHTS AND DUTIES AS FREE CITIZENS WHILE THERE IS STILL TIME
BY GIVING THIS ISSUE MAXIMUM ATTENTION AND PUBLICITY! CONTACT ME FOR FURTHER
INFORMATION, INTERVIEWS AND ARRANGEMENTS FOR PUBLIC SPEAKING APPEARANCES:
(signature) Ernst Zündel, 206 Carlton Street Toronto, Ontario M5A
2L1 Tel. (416) 922-9850
Luby agreed that what Zündel had written appeared to be his opinion.
(Luby, 8, 1556- 1575)
1 In a voir dire to determine the admissibility of The Hitler We Loved
and Why Zündel had testified that he had no connection with the book
other than providing some of the photographs. He wrote none of the text
(some of which he disagreed with) and never published it. The name "Christof
Friedrich" had been used without his permission. Thomas nevertheless
admitted the book into evidence. He later instructed the jury that if they
concluded on the basis of the "As It Happens" interview, UFO's:
Nazi Secret Weapon? and The Hitler We Loved and Why that Zündel was
a believer in National Socialism, they could infer that he would knowingly
publish falsehoods (i.e. Did Six Million Really Die?) "to foster and
protect those beliefs."