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In April 2000 Mr Justice Gray delivered his unfavorable judgment in the action brought by David against Deborah Lipstadt and her publisher Penguin Books. In June 2001 Mr Irving applied for permission to appeal, having assembled a formidable document book supporting his arguments that the Judgment was flawed. Permission to appeal was however denied. We reproduce some of the dossiers here.
auf dem Altmarkt

SO MANY innocents were killed in the 1945 British air raid on Dresden that the German authorities had to cremate the bodies on mass funeral pyres on the Altmarkt. Mr Irving was the first to publish these photographs in the west. When he produced one of them, enlarged to poster size, in Court, Defence Counsel Richard Rampton sneered, "So what!"

MR RAMPTON: Can we forget Dresden for the moment, Mr Irving?
MR. IRVING: I can never forget Dresden.

[Transcript, Day 7 January 20, 2000, page 170]


The Dresden death-roll

[under construction]

[ The defence witness Evans made the bald and untrue allegation that Mr Irving's figure for the Dresden casualty figures was based on a document, i.e. "Tagesbefehl No.47", that Mr Irving knew to be a forgery.

Dresden bookThere is no evidence of this in any edition of The Destruction of Dresden; in fact he gave a wide range of possible casualties, and selected as the best on the available evidence the 135,000 figure that was suggested to him in writing by Hanns Voigt, who headed the Deathroll Division of the bureau of missing persons after the Dresden air raid and who lived in West Germany as a schoolteacher in the 1960s. When other documents became available, after the book appeared, Mr Irving was the first to publish them in a letter to The Times. The notorious Tagesbefehl No. 47 on which Evans and the Court lingered for so long played no part whatever in the assessment of the death roll, as readers of the book know. ]

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