I have been sitting on this story with a kind of inner glow. It shows how malice turns unto itself in what is a kind of Zundelhaus serendipity at play. We have come to expect it when things begin to crowd us. It has worked to lift our spirits many times.
This is quite a story I shall impart on you in three segments. For Part I, I am lifting some excerpts from the June Power letter that was shipped to Zundel supporters a couple of weeks ago. Ernst chronicled the delectable events, rich in meaning for our battle, as follows:
The month of May saw lots of legal fire works - it was a sight to behold! My attorneys would call and fax me on an almost daily basis about new legal moves by the Jewish intervenors in the Zundelsite Human Rights Tribunal case. They are appealing just about every sentence and word of Judge Campbell's April 12-13 ruling in the Reva Esther Devins apprehension of bias case. They have developed a frantic pace - so much so that the Zündel-Team, especially lady Barbara Kulaszka, was at times nearly overwhelmed with work.
The main thrust was: "Get Ernst! Get him quick! Get him soon! Therefore, the courts better move fast to hear these 'expedited' appeals!" Otherwise, claimed their legal briefs, the Jewish community would be grievously harmed by those Zundel newsletters and press releases - but especially those pesky, impertinent ZGrams! Boy-oh-boy, those ZGrams! They almost have these people in near paroxisms of frenzy!
It turns out that some of the most loyal and devoted readers of Ingrid Rimland's ZGrams - copyrighted from Day One in her name, not mine! - are Canada's big name, big shot Jewish community leaders. We know that Marvin Kurz of B'nai Brith and Bernie Farber of the Canadian Jewish Congress read them - daily, it seems. Heck, Bernie Farber was so incensed, he even wrote about their "danger" in an affidavit the Simon Wiesenthal Center filed with the court! Normally all these Jewish intervenors are competing organizations, but when it comes to "getting Ernst", they are united, and all egos are temporarily sublimated to the greater goal to get the stubbern peasant - once and for all!
Thus, Bernie Farber, the permanently alarmed big-wig at the Canadian Jewish Congress, wrote this hysterical affidavit, quoting sections of the ZGrams he did not like - and all the other organizations fell in behind him!
This amazed me, and I think even my attorneys were surprised. Why did not Sol Littman, who always mouths off about the Internet, or Karen Mock who shrieked in March of 1996 before the nation's TV cameras that there ***must*** be a way to stop Ernst Zundel, or Marvin Kurz of B'nai Brith, or some other Jewish community leader weigh in with some bizarre, self-serving "oy veying" affidavit? I was a little puzzled, not to say flabbergasted at first. Well, we think we've got it figured out!
So my attorneys did what competent legal advisors do - they looked at that Farber affidavit and advised me with raised eyebrows that we should not let this golden opportunity go unchallenged. An affidavit is the only truth before a Judge unless it is challenged and tested by a verbal cross-examination of the signer of the affidavit! Which, in legalese, means this: "Let's turn up the heat and cross-examine Mr. Farber on the alarmist statements he has made - and let's see where the truth lies!"
The evolving Farber Fiasco
Thus, attorney Kulaszka duly contacted the Canadian Jewish Congress's lawyers. She spoke to one of the attorneys, and they agreed to produce Mr. Farber for cross-examination whenever we needed him, which is normal business practice in legal cases.
So far, so good, we thought.
We were working against a court-imposed deadline, and Doug Christie was deftly juggling dates and times. He called me on my cell phone while I was thousands of miles away from home and told me when he could come. It would have to be very soon. It would mean a $2,700 ticket, including taxi, fares etc.
I went into a tail spin when I heard those costs and told him to hang tight. I would get back to him re those expensive tickets.
Once again I had to find out how expensive it is these days to fly on such short notice! In the end, my experienced travel agent found some non-refundable tickets for less than $1,000. They were e-mailed to Mr. Christie, and he was on the plane. I headed home as well, looking forward to watch Mr. Farber in the intellectual cross-hairs of the finest constitutional attorney in the land, and to hear what got him so exercised this time.
Meanwhile, the law firm for the Canadian Jewish Congress was informed of the time and place when Mr. Farber was to be put under the legal magnifying glass about his affidavit.
Suddenly, all hell broke loose! No-no-no, was their frantic reply. There had to be a misunderstanding, blah-blah-blah!
For us, the gist of it was: Christie was locked in! The transcribing service had been booked firmly for the 27th of May '99, 10 a.m. sharp. We had worked hard and by the book to meet our court-imposed deadline. We had obeyed all rules. But Bernie Farber? Didn't show!
My high-powered, lawyerly team sat forlornly in a large conference room. A secretary with tape recorders, microphones, pad and pen poised, sat ready to roll - when in walked Mr. Wood, a youngish, gentle Jewish lawyer for the Canadian Jewish Congress. Minus the elusive Mr. Farber!
Doug Christie, consummate and skilled, took hold of the situation. He briskly told the transcribing secretary to start her machines. He rattled off a few sentences coached in the usual legalese. Just for the record, said our Battling Barrister. He gave dates, times, particulars - and then sat down!
Mr. Wood said a few sentences. A few more words were exchanged, questions asked.
And that was that.
Ernst was a few thousand dollars poorer. The Jewish side had had their way.
But we had put on record once again what happened - and how these people will ride roughshod over legal niceties, customs and traditions, and sometimes even the letter and the spirit of the law!
Of course, we had anticipated something of the sort - and thus we were prepared. I asked for an expedited transcript, as Doug had advised me to do. The staff were obliging. We could wait, they told us - they would transcribe everything for us right on the spot. They suggested we ought to partake of the coffee, cookies, fruit and juice - since I would have to pay for all of it in any case! In parting, there was even a touch of gentility. They told me not to worry about the bill. I was a trusted, frequent customer - they would simply send me the invoice.
The Farber Drama unfolds
We dashed to the elevators, hailed a taxi, hurried back to Zündel HQ - and my two brave attorneys set to work. Feverishly! Within less than two hours, a written motion to the Federal Court of Canada was printed out in the basement of the Zündel-Haus with the help of our high-speed copier, collated, stapled with the proper light-blue colored cover, stuffed into the attache case - and out the door we flew, coat tails flapping in the breeze! It looked like the Charge of the Light Brigade - led by the Battling Barrister himself!
We hailed a taxi cab, piled in - and off to Federal Court we went!
The court officials saw us coming. I don't know if one of the lawyers had called ahead to make reservations. In any case, we got "Sonderbehandlung" - that is, special treatment. We were efficiently and promptly served by an obliging clerk. Often it seems that even they are on our side - as judged by their wide grins and sometimes even by the furtive salutes of guards, mostly former war veterans!
What we were asking for, this time, was a verbal hearing by a judge that very afternoon - to compel the ticklish Mr. Farber to attend, for we had only one day left in meeting our deadline, which they themselves had been so eager to impose!
Next, we were directed to wait. They said they were going to call us. The minutes turned into half an hour, then an hour. We went to the cafeteria and waited, cell phone ready on the table. Christie was pacing around restlessly, went upstairs to enquire, came back a few moments later. He said he had been told we could go home; they would call us at home. A decision was being made - but not in Toronto. In Ottawa!
Boy, must there be some ants in some pants!
At 5 p.m. the call came in. Judge Linden refused our request to have Farber produced forthwith - ***but gave us an extension of time***. Doug Christie thought it was a solomonic decision. Our enemies had wanted to speed the proceedings all up - and here we were, ***with four more weeks in our laps***!
The net effect of all of this was that Farber would have time to reflect about soon being in the hot seat - ***for another 30 days***!
TO BE CONTINUED TOMORROW... :)
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Thought for the Day:
"Have a nice weekend, Mr. Farber."
(Greeting from the Zundel-Haus)
Back to Table of Contents of the June 1999 ZGrams