By Stan Goodenough
Dec 20, 2006
An Austrian court ruled Wednesday that British Holocaust Denier David Irving doesn't need to complete his prison sentence but may return home where, it is expected, he will resume his activities against the Jewish people.
Irving, a veteran antisemite, was sentenced earlier this year to three years imprisonment for two 1989 speeches he gave in Austria - birthplace of Adolf Hitler - during which he said that most of the 6,000,000 Jews killed by the Nazis had in fact died from diseases.
The law under which he was convicted makes it illegal for anyone to "deny, grossly play down, approve or try to excuse the National Socialist genocide or other National Socialist crimes against humanity in a print publication, in broadcast or other media."
It carries a maximum penalty of 10 years, and the state prosecutor, believing Irving should get a stiffer sentence, had appealed in vain against the three years handed down.
Speaking before a packed courthouse during the probation hearing Wednesday, the state attorney arguing against Irving's early release said the Englishman's remarks against the Holocaust should "in no way be underestimated."
Irving's lawyer, however, appealed for his client on the grounds that he has an ailing wife and a young daughter, according to Austrian radio.
The judge said the prisoner had served more than one third of his sentence and was therefore free to go.
Irving is expected to give an interview upon his return home.