From: David Irving, London


To: Mr Edward Joseph Wall Ll.D.
Ed Wall Associates
2 Mahogany Court
Woodvale 6026 00 619 409 9237


Dear Ed, --


We now know the score; you win, I was too optimistic. I have a thick file of the resulting press clippings. Before we take any action on the immigration front, let us do as follows: issue an immediate Writ against John Howard under the Wrongs Act 1958 Pt 1 ss 3--13 in respect of the libels which he uttered on ABC Radio 3LO in Melbourne on November 9. I will try and get a transcript. As in the U.K. broadcast words are libel, not slander, under your Broadcasting Act 1942 s 120 (see Wainer v Rippon, [1980] VR 129); note that in Victoria the defamation law, unlike elsewhere in your continent, does not extend privilege to reports by government departments and officials.

HOWARD: "I would have thought that that was an open and shut case which, once again, has precious little to do with free speech. The movement of people in and out of Australia is not so much a question of free speech but of whether the Government of the country has a right to decide at all times who can come in here for temporary purposes." "It's got to do with the unfitness of both of them [David Irving and Sinn Fein president Gerry Adams] on character grounds to come here. This idea that it's got anything to do with free speech is spurious. David Irving's books are published in Australia Nothing stops his views coming out here. But any government has got the right to say to somebody who's got a record of criminal convictions, 'You can't come here.' I think he's a crackpot historian, but it doesn't alter the fact that he was convicted in the United Kingdom, he was convicted in Germany, he was convicted in Canada, and two of the offences as I understand are related to passport, immigration or visa issues."

Under ss 6 and 7 if Young offers a public apology this would mitigate damages. Call on him to apologise therefore. The libels are obvious (and italicised): I have globally only one conviction: in Germany, against an oppressive law that does not exist in Australia or anywhere else (and of which, to be frank, I was totally unaware at the time). Such an action would not get very far, but it would certainly put heart into our supporters and enliven the press, and I would put you and Peter B in funds at once to take the first step. On Monday! Let's do it, announce it at once.

Yours sincerely,

David Irving

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