David Irving, Libel & Lying on Oath
[The Nizkor Project's Ken McVay read the following paper before
British audiences in London, Cambridge, Oxford, Southampton and Coventry
between May 7th, 1999 and May 14th, 1999 as his response to David Irving's threat of a libel suit.]
On February 15, 1999, during a conversation about Holocaust
denial on CNN's chat service, I included text which stated that
British author David Irving was a man who had lied under oath.
Mr. Irving took exception to my comments, and sent me the following
words[1]:
"It is important that you should realise the consequences of
uttering such wild allegations within the jurisidiction of
courts where the laws of libel are taken seriously."
Given Mr. Irving's charge, and the threat of a libel suit,
I find it appropriate to explore the basis for the claim that
Mr. Irving has lied under oath.
In 1992, Mr. Irving entered Canada as a visitor at Niagara Falls
on October 26, 1992 and subsequently became the subject of an
immigration inquiry at Vancouver, British Columbia on October 30,
1992. As a result, he was issued a departure notice to leave
Canada on or before midnight, November 01, 1992.
During a hearing before Immigration Adjudicator Thompson, Mr.
Irving asserted that he left Canada on October 30, 1992, at
Blaine, Washington and reentered Canada later that same day.
In the introduction to the Immigration Adjudicator's report[2],
Adjudicator Kenneth Thompson wrote:
"If, as you claim, you did in fact depart and then reenter
Canada at the Washington/B.C. border crossing then it might
be said that you had already satisfied the terms of your
departure notice and therefore could not be a person
referred to in paragraph 14(1)(C) of the Act. However, the
question as to whether you did or did not leave is an issue
of fact for this tribunal to determine."
After hearing testimony from witnesses, including that of Mr.
Irving, Adjudicator Thompson presented his findings[3], which
included the following:
(On November 1, 1992, Mr. Irving told an immigration officer, who
had shown Mr. Irving his identification and his badge, that he
had remained in Canada continuously since his arrest in Victoria,
British Columbia.) Thompson added:
"When viewed as a whole this evidence can lead to only one
conclusion; the event was a total fabrication and never took
place. I can only speculate that you and your supporters
concocted your story to garner further publicity and prolong
your stay in Canada, both of which you have done with some
success."
On May 3, 1994, the Australian Minister for Immigration denied
Mr. Irving the right to enter Australia, finding that he did not
meet the "good character requirements" of Australian law. Mr.
Irving appealed this decision, and, in August of 1995, the
Federal Court of Australia released its Judgment[4].
Within that Judgment, Justice Carr made reference to the Canadian
Adjudicator's report as part of his finding of factual
background. In addition, he mentioned a 1994 decision by a
British judge, who is quoted as saying:
In Justice Carr's decision, he makes the following comments[5]
regarding the immigration hearing in Canada:
Mr. Bates, I might add, is Mr. Irving's own counsel!
Carr also said:
With respect to the British decision, Justice Carr said [6]
..and...
..and...
..and...
Mr. Irving appealed Carr's decision, resulting in these findings
by the Federal Court of Australia in July 1996: [10]
Justice Davies:[11]
Justice Nicholson:[12]
Given the findings of Adudicator Thompson, the British judge, and
three different Australian judges, I leave you with Mr. Irving's
words to me:
Mr. Irving may consider the comments of Adjudicator Thompson and
four respected jurists libelous and "wild allegations," but I do not.
David Irving invited me to come to England when he wrote:
Notes
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"Since it is possible you are the victim of a
misunderstanding, would you kindly identify to me precisely
on what occasions you maintain I `lied under oath.' These
are very serious and cowardly allegations indeed,
particularly where the victim has no opportunity of
defending himself.
"This purported departure is pivotal, since if it is
factually accurate, it would mean that the action taken
against you by immigration officials in Niagara Falls on
November 01, 1992 was based on erroneous facts; namely, that
you were a person attempting to leave Canada pursuant to a
yet unexecuted departure notice.
"In assessing your evidence as a whole, you have been unable
to persuade me that you did leave Canada on October 30,
1992. I have a great deal of difficulty accepting your
evidence. It did it not have the ring of truth to it, but
observing you and listening to your testimony, I could not
help but get the impression that you were at times reciting
a rehearsed script....
"I have not found this an easy decision because I have made
it clear more than once during the course of today - and I
adhere to the conclusions that I have been forming and
expressing - that I am afraid I do not accept the
explanations appearing in his affidavit, that is to say, his
explanation to me that he had not the faintest idea that any
of this was going on - that includes that he had not the
faintest idea that the German judgment was even registered
in this country; I am afraid I do not accept that for one
moment."
"Mr. Bates submitted that even if those comments indicated
that there was perhaps a defect in Mr. Irving's character on
that one occasion because apparently he told a lie, that
would not on a reasonable basis be a ground for excluding
Mr. Irving from Australia. "
"The adverse findings were, in essence, that Mr. Irving's
account of his short visit to the United States was a total
fabrication and never took place i.e. that Mr. Irving had
lied on oath to the Immigration Adjudicator."
"A finding that a person has deliberately given false
evidence to a court of law is clearly, in my opinion,
capable of being relevant to a decision whether that person
is of good character."
"...Mr. Irving has been found to ... have lied on oath to a
quasi-judical tribunal and more recently to the High Court
of Justice in England..."[7]
in my view the conviction and imprisonment for contempt of
court and the subsequent false affidavit evidence to the
same Court..."[8]
"I refer to the findings that Mr. Irving had given false
evidence to Immigration Adjudicator Thompson in Canada and
to the High Court of Justice in London..."[9]
"In my opinion, all these matters, the offences against the
laws, the conviction, the contempt of court, the orders for
deportation and the findings of lack of veracity, were
matters which the Minister was entitled to take into account
in his assessment whether or not Mr Irving was a person of
"good character".
"The findings of Immigration Adjudicator Thompson were that
the appellant lied on oath. ...He was found in contempt of
court in the High Court of Justice in London and imprisoned.
Later he was found to be a person who deliberately gave
false evidence."
"It is important that you should realise the consequences of
uttering such wild allegations within the jurisidiction of
courts where the laws of libel are taken seriously."
I do hope that you will now come and repeat your
allegations within the jurisdiction of the UK courts, or are you too
much of a coward to do so? Is the Internet your only "field of
valour". Willing to wound, but afraid to strike. Get a life, Mr
McVay... get a life.
I am here, Mr. Irving. Where the hell are you?
2. http://www.nizkor.org/hweb/people/i/irving-david/canada/iat-index.html
3. http://www.nizkor.org/hweb/people/i/irving-david/canada/iat-05.html
4. http://www.nizkor.org/hweb/people/i/irving-david/australia/fc-01.html
5. http://www.nizkor.org/hweb/people/i/irving-david/australia/fc-07.html
6. Ibid.
7. http://www.nizkor.org/hweb/people/i/irving-david/australia/fc-10.html
8. Ibid.
9. http://www.nizkor.org/hweb/people/i/irving-david/australia/fc-14.html
10. http://www.nizkor.org/hweb/people/i/irving-david/australia/wag-107-index.html
11. http://www.nizkor.org/hweb/people/i/irving-david/australia/wag-107-1995-01.html
12. http://www.nizkor.org/hweb/people/i/irving-david/australia/wag-107-1995-04.html