These documents are part of a set of Witness Statements submitted to
the Human Rights and Equal Opportunity Commission in support of
Fredrick Toben, prior to his decision to refuse to continue to
participate in the hearing process.

Nizkor has been told that all of the international statements were
rejected as irrelevant by the Commission.

This is the record of Commissioner
McEvoy's directions regarding admissible evidence, according to
Australian reports - to fully appreciate the irony on the following,
one must read the rejected statements. In all honestly, some of them
are quite amusing, and should, in fact, be called "Statements of
Toben."

The evidence of all the following was deemed irrelevant on the basis of
their witness statements: (sic)

Professor Ernst Nolte, Professor Michael Shermer, Mr Udo Walendy, Mr John
Sack, Dr Krystyna Oleksy, Mr Sam Macey, Mr Walter Luftl, Prof Deborah
Lipstadt, Prof Konrad Kwiet, Oberstaatanwalt Heiko Klein, Mr Rony
Katsigiannis, Prof Eberhard Jackel, Ms Kirsty Gowans, Prof Gerald Fleming,
Rabbi Abraham Cooper, Mr Jack Selzer, Mr Robert Faurisson, Mr Frederich
Berg, Prof Robert Jan van Pelt, Mr Norman Barber, Dr Robert Brock, Mr
Michael Mazur, Mr angarika Buddhadasa, Mr Franciszek Piper, Mr Mark Weber.

The following five individuals were told that they could give evidence,
with the specified qualifications.

Ms Olga Scully - Ms Scully's evidence is limited to the following parts of
her witness statement, paragraphs 1-3 and paragraph 11.

Prof Brian Martin - Professor Martin's evidence is limited to the first
part of his statement, up until the end of page 2 of his witness statement.

Mr Ronald Conway - Mr Conway's evidence can encompass issues of whether the
Respondent's actions have been done reasonably and in good faith.

Mr John Bennett - Mr Bennett's evidence can encompass questions of the
academic nature of the debate relevant to the Inquiry.

Mr Geoffrey Muirdden - Mr Muirdden's evidence can encompass issues of
whether the Respondent's actions have been done reasonably and in good
faith.

Regarding the other witnesses, the following decisions were made on 27
November.

Mr Germar Rudolf - More information is to be provided in relation to this
witness by the Respondent.  Neither the Commission nor the Complainant were
able to locate this material and the Respondent was to re-file copies.

Mr Greg Raven - The Commissioner reserved her decision on Mr Raven.

Mr David Irving - The Respondent is to provide the Commission with a copy
of Mr Irving's curriculum vitae to assist the Commission in determining
whether he is an expert.

Mr Jurgen Graf - The Commissioner reserved her decision on Mr Graf.

Mr Michael Hoffman - The respondent is to provide the Commission with a
copy of Mr Hoffman's curriculum vitae to assist the Commission in determing
whether he is an expert.

Mr John King - The Respondent is to provide the Commission with a copy of
Mr King's curriculum vitae to assist the Commission in determining whether
he is an expert.

Prof Arthur Butz - The Commissioner reserved her decision on Mr Butz.

Mr Doug Collins - The Commissioner reserved her decision on Mr Collins.

Mr Wolfgang Brockscmidt - The Respondent is to provide to file and serve a
new statement for Mr Brocksmidt relating to his role at the Adelaide
Institute, its purpose and whether they are done in good faith.

Mr John Ball - The Complainant had not received a copy of the statement,
and therefore this matter was reserved.

No witness statements were received by the due date from Mr Serge Thion, Mr
David Cole, Mr Noam Chomsky and Mr Ernest Zundel.

Toben announced that he was pulling out from the hearing process in a media
release dated 7 December.  The Human Rights and Equal Opportunity
Commission has not set a date for the hearing, which will proceed whether
Fredrick Toben appears or not.

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