Tag: racial incitement

Good News

Good News posted in Eleison Comments on March 3, 2012

Many if not all of you readers will have heard by now of last week’s good news from Germany: on Ash Wednesday the Appeals Court of Lower Bavaria in Nuremberg quashed the Regensburg Regional Court’s condemnation of me on 11 July of last year for “racial incitement.” Then I was condemned for having, in November of 2008, on German soil, in an interview to Swedish television, taken a politically incorrect view of certain historical events differing from the view commonly held, but now the Appeals Court has decreed in addition that the Bavarian State must pay my trial costs so far. All honour to my defence lawyer, Prof. Dr. Edgar Weiler, whose arguments the judges made their own, and to Fr. Schmidberger who introduced me to him, and to Bishop Fellay who approved of him.

However, I am not yet free and clear insofar as the Appeal judges made their decision on procedural grounds. Here is their conclusion: “If an indictment describes behaviour of the accused not punishable (as yet), and leaves open what concrete circumstances supposedly render him liable to punishment, then by not listing the inner and outer facts of the case the indictment is failing in its function, laid out above, of defining the action for which the accused is being put on trial. Case dismissed.”

So in theory, the Regensburg Prosecutor’s office could correct its procedure and start the prosecution all over again. However, in practice they may well hesitate, because the Appeal judges called on them to specify who exactly came to know of the remarks, by what means they came to know of them, how exactly those remarks were apt to disturb the peace in Germany and finally how I was supposed to have approved of the remarks being made known there.

Now the prosecution might easily show that the whole wide world, let alone Germany, was hammered for a month with the remarks by all the world’s media (mainly in order to force Benedict XVI to distance himself from Catholic Tradition), but it would not be so easy to prove the disturbance of the peace in Germany. Also the prosecutors would have real difficulty in proving that I wanted my remarks to be made public in Germany, given that in the last minute of the interview (accessible on Youtube) I expressly wished the contrary. So it is in God’s hands whether the prosecution will continue, or not.

Meanwhile, dear readers, do not suppose that I have ever suffered too heavily from these trials in Germany, any more than I have needed to take too tragically my corresponding three-year exile within the SSPX. That exile has been if anything too comfortable, and these trials have ended, for the moment at least, in their complete termination. Let me then thank all of you that in the course of these three years have prayed for me. I know there are many of you, and I am grateful to every one of you. In return I celebrated in January a novena of Masses for your intentions, because surely much greater trials lie in wait for all of us.

Kyrie eleison.

Choosing Lawyers

Choosing Lawyers posted in Eleison Comments on June 25, 2011

These “Comments” do not usually tell of things personal, but on the eve of their writer’s Appeal being heard in Germany (July 4), an UNTRUTH is circulating which needs to be set straight, amongst other things to allay unwarranted anxieties. The untruth is that I wish my defence against the German State’s accusation of “racial incitement” to be based on the truth or falsehood of what actually happened in the most controversial episode of recent German history.

In fact from the moment I knew that I might be accused in Germany of “racial incitement” for remarks made in English to Swedish journalists in November of 2008, I also knew that if I repeated the remarks in front of a German law-court, I risked being immediately thrown into jail. Such is the present state of German law. However, I would rather not be decorated with chains, if I can help it.

So from the beginning I heeded the advice to defend myself on the basis that my remarks were self-evidently in no way intended for a German audience, and thus the German law did not apply to my situation. This much is clear from the last minute of the famous video-clip available on YouTube, which is the last several minutes of the one-hour interview with the Swedes. Moreover, immediately after those remarks, but off camera, I went up to the Swedes and earnestly asked them to be “discrete” in the use they would make of the last part of the interview. This much they would have to admit if they were to testify, but they cannot be forced to come to Germany, so they decline to do so.

As for my changing lawyers four times, the Society’s Superior General originally entrusted my defence to the Society’s lawyer, Maximilian Krah, who chose to engage Matthias Lossmann, a member of the, alas, anti-Catholic Green Party. He was conscientious but perhaps not too enthusiastic about the case. Through friends, I discovered a lawyer enthusiastic and highly successful in defending such delicate cases, Wolfram Nahrath, but Lossmann was unwilling to work with him. Seeking only the best legal counsel available to me in my quandary, I switched from Lossmann to Nahrath.

However, when the Superior General was informed by aides of Nahrath’s political position, he ordered me to find someone else again, believing in good faith no doubt that any public association between the SSPX and “an extreme rightist” would be detrimental. He approved of the elderly and honourable Dr. Norbert Wingerter, a conservative Novus Ordo Catholic, but it appears that it could be Wingerter who is unwittingly the source of the untruth now in circulation. I do not know why, but he seems to be under the mistaken impression that I wanted to go, in front of the court, into the truth or untruth of that episode in German history. Fortunately the Superior General had already approved of yet another lawyer, who now understands correctly how I wish to be defended.

Dear readers, if you think that the interests of God are in any way at stake (not everybody thinks so), do say a prayer between now and July 4 for my latest lawyer who has been for several months working hard on the case, but who is liable to come under fierce pressure from anti-Catholic interests and their powerful servants.

Kyrie eleison.