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Posted Saturday, February 14, 2004; amended Monday, February 16, 2004


In other words, Professor Evans's hired expert is a common thief. I had already protested in a letter to the Trustee about Jersak being allowed any kind of access to my papers.

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February 13, 2004 (Friday)
London (England)

I SUSPECT that massive theft is again going on at the Post Office. All that comes today are obviously circulars and unimportant letters.

At eleven a.m. to Harley Street for a check-up -- the consultant surgeon has, uanccountably, several free slots today, Friday the Thirteenth. Remarks in the course of his examination that I am "going to live at least another twenty or thirty years". I repeat this estimate to Benté, and she looks a bit stunned. I say: "Better lay in some Strychnine then." She says: "Or Arsenic." The consultant also tells me that Churchill's doctor Sir Charles Wilson was known in the St Bart's "mafia" he infested as "Corkscrew Charlie" -- he was known as a heavy drinker.

David Cesarani publishes a rude attack on me in The Independent today, the anniversary of the Dresden raids. I spend some time preparing an excerpt for the Internet and commenting on it.

AS the week ends, there is a phone call from Adrian Davies [my barrister in the Lipstadt action] which frankly staggers me.

I may recall here that on February 10, perhaps with some premonition as to what is happening to my seized historical archives in my absence, I wrote to the Trustee inter alia expressing my deep concern that she may be allowing people who were clearly my personal enemies to read my private correspondence and papers, although she herself has admitted to others (in private letters which I have seen) that she anticipates that eventually she will be forced to return them all to my possession. In my letter, I demand that she now desist, and that she confirm to me that will not allow further access to my papers by either Dr Tobias Jersak, Professor Richard "Skunky" Evans's hired history expert, or Harry Mazal, the wealthy American Holocaust-professional, or others of that ilk, let alone allowing them the opportunity to make copies or notes from my files.

I also voice concern that one court exhibit shown to me suggests that Jersak or others -- having been unable or unwilling to build up such a historical collection themselves -- are even being allowed to "separate" certain interesting items out of my archives. I am initially concerned only that my carefully-indexed files may be restituted to me in disorder, as they were during the months-long Discovery process, when every file that I disclosed to Mishcon de Reya was returned by them to me looking as though it had been ransacked, or dropped off the back of a speeding truck; I found its contents in disorder, perhaps deliberately designed to hamper the preparation of my case.

Of course I urgently need this archive of historical files and books for my own current research on Churchill and Himmler, which is why it was created.

In his unexpected phone call this evening, Adrian reveals some startling developments. He says that since the High Court hearing of my Application on February 9 he, DLA [solicitors instructing the Trustee of Mr Irving's estate] and Mr Gledhill [the barrister instructed by Mishcon de Reya for Lipstadt] have been batting messages back and forth, trying to reach agreement on the terms of Order to be made. They have failed so far, as DLA are at worsening odds with Mishcon de Reya.

Two things emerge:

  1. DLA have today written a letter to Mishcon expressing the Trustee's outrage that it has been discovered that Professor Evans's expert Dr Jersak, who had been allowed into the warehouse holding my seized historical archives to value them, has been caught attempting to remove some of the more valuable items from my files, and in consequence they have had to ask for assurances etc., etc.
  2. DLA had also told Mishcon that unless agreement is shortly reached they will have no alternative but to advise Baker Tilly to return to me all the items as claimed.

In other words, Professor Evans's hired expert is a common thief. I tell Adrian that by chance I had already protested in a letter to the Trustee (above), about Jersak being allowed any kind of access to my papers. Adrian confirms, in response to my further query, that DLA have not attached any kind of privilege to this document, and that there is no legal reason why I should not publish this story under the heading, "Thieves Fall Out." He will mail the letter to me tomorrow, and I will post it on the website as soon as it arrives.

Jessica now has half-term, so I work until 6:30 a.m. on CHURCHILL volume iii.

 [Previous Radical's Diary]


click to help Hearing on Lipstadt before Registrar Jaques in the High Court on Feb 9, 2004
David Irving: "Apocalypse 1945: the Destruction of Dresden" (free book download)
© Focal Point 2004 F DISmall David Irving