International Campaign for Real History

In the High Court of Justice

DJC Irving

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Penguin Books Ltd and Deborah Lipstadt

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In 1993 American scholar Deborah Lipstadt published Denying the Holocaust, product of a research contract funded by an Israeli agency.

British writer David Irving claims that it libels him.


Witness Statement of Andrew Rosenheim

I, ANDREW ROSENHEIM, of 27 Wrights Lane, Kensington, London, W8 5TZ will say as follows:

1. I am Managing Director of Penguin Press, a publishing division of Penguin Books Limited ("Penguin"). I have been employed by Penguin since October 1997. Before that, I was a Director of Oxford University Press for over seven years.

2. "Denying the Holocaust" written by Deborah Lipstadt ("the Book") was first published in England and Wales by Penguin on 2 March 1995 as a paperback. Penguin's sister company, Penguin USA Inc, published the Book in the US. They physically printed 3,000 copies in the US for us which were then shipped to Penguin's warehouse in Harmondsworth for Penguin to sell in the UK and also to export to Europe and elsewhere. Penguin did not prepare a separate UK edition itself, for the contents were identical to the edition published in the US, but the UK version bore a Penguin UK imprint and had a separate UK ISBN.

3. The decision to publish the Book in England and Wales was made by Peter Mayer, former Chief Executive of Penguin. Penguin has a long history of publishing books containing serious argument that elicit debate and, sometimes, controversy. It was felt that the Book would be regarded as a serious and important contribution to the history of historical interpretation and to the growing field of Holocaust studies.

4. Net UK sales of the Book (i.e. less returns) were 1,806 in 1995 but thereafter our UK sales records show that returns exceeded sales, by 132 in 1996, by 20 in 1997 and by 4 in 1998.

5. The Penguin edition had a short sales life in the UK as it was agreed almost immediately after publication to import the Penguin US Plume edition of the Book as part of a general policy to import Plume titles from Penguin US. The net UK sales figures for this particular edition were 282 for 1995, 153 for 1996, 129 in 1997 and 95 in 1998.

6. I understand that the Plaintiff makes reference to the title "Fascism for Beginners". This book is not published by Penguin. It is published by Icon Books Limited and is distributed by Penguin in the UK.

7. I confirm that the contents of this Statement are true to the best of my knowledge, information and belief.

Dated this 18 th day of January 1999

Signed Andrew Rosenheim

For the purposes of this action Mr Irving would welcome informed opinions on Mr Rosenheim and Penguin Books Ltd, and facts about them, from his hundreds of literary friends.