Page last updated at 10:15 GMT, Friday, 21 November 2008

'Holocaust denier' free from jail

Dr Gerald Toben
Germany has abandoned efforts to have Gerald Toben extradited

An Australian historian has been freed from prison in London after the German authorities abandoned efforts to have him extradited from the UK.

Dr Gerald Toben was held last month at Heathrow Airport on a European arrest warrant.

The revisionist historian was accused of publishing anti-Semitic material on the internet.

The German authorities have now dropped an appeal to the High Court after Britain refused to hand him over.

The case against him is now closed and Mr Toben is waiting to get his passport back from the British authorities.

Holocaust denial is a crime in Germany and offenders can face up to five years in jail. It is not a crime in Britain.

'Over the moon'

Earlier in November, a judge in London ruled that the warrant used to arrest Mr Toben while he was in transit from the US to Dubai was invalid because it did not provide enough detail.

He was granted bail following that ruling, but had to remain in Britain until the case was heard in the High Court.

Mr Toben was not released from custody at Wandsworth Prison until Thursday because he was asked to pay a £100,000 security first.

But his lawyer, Kevin Lowry-Mullins, said the appeal lodged by the German authorities had now been withdrawn and he had signed a consent order with the German government to end the case.

Mr Lowry-Mullins said his client was "over the moon".

Lawyers acting for the German government had argued Mr Toben, the 64-year-old founder of the controversial Adelaide Institute, should be extradited to face trial for posting revisionist claims on the internet about the Holocaust.

One of Mr Toben's supporters, Lady Michele Renouf, an Australian-born, British-based socialite, said: "He is very relieved, but he is also being very cautious given the kind of extraordinary treatment he has received."

She said he would not be commenting directly on the case, adding: "He needs to take care until he is in a safer place - after all, this warrant should never have been entertained in the first place."

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