Affidavit sworn on January 28, 1994 by

Brian Fisher

confirming that he and David Irving crossed from Canada into the USA for a few hours on October 30, 1992

THIS WAS an important issue as it established the illegality of David Irving’s deportation from Canada on November 13, 1992. Having fortuitously already left Canada and returned on October 30, he had complied with the Voluntary Departure Notice issued on the morning of the thirtieth, and was therefore legally back in Canada thereafter. 

Sworn Affidavit

To: Whom It May Concern
From: Brian Fisher

HERE, TO the best of my recollection, are the events that occurred on the evening of October [30*], 1992 and the events that followed.

We (David Irving and Brian Fisher) spent the day travelling to and from Victoria, British Columbia, Canada, to retrieve Mr. Irving’s personal property that had been left behind at a friend’s house after Mr.Irving was arrested on alleged violations of the Canada Immigration Act. We took the car ferry late in the afternoon from Vancouver Island, arrived on the mainland side and then drove directly to the U.S. border station. We passed through U.S. Immigration and Customs at Blaine, Washington, which is approximately a 30 to 40 minute drive from the ferry terminal. There was a brief conversation between Mr.Irving and the two U.S. Immigration agents who were in the same small booth. I didn’t fully understand the context of the conversation but remember that there was laughter between the two agents and Mr.Irving.

We proceeded to my home in Birch Bay, Washington, and arrived there 10 to 15 minutes after leaving the border station. I introduced Mr.Irving to my fiancée, Helga Ashton. We spent about 30 or 40 minutes in my home where Mr.Irving made a telephone call to Eastern Canada, I believe to the province of Ontario. Mr. Irving drank one bottle of cold beer while he autographed 50 lithographs in my possession by the infamous Konrad Kujau, the forger of the famous Hitler Diaries that Mr. Irving exposed 10 years ago. Kujau was convicted and sentenced to 4 1/2 years in a German penitentiary.

Mr. Irving was then driven by me to his friend’s home, on the Canadian side which was approximately 30 to 40 minutes from the U.S. border. I dropped him and the baggage he had retrieved earlier that day at his friend’s home and bade him goodbye. Mr. Irving gave me an autographed book that he had written called “Hitler’s War.” He told me that he was flying to Toronto early the next day.

* Figure inserted in blank space by David Irving. There is no dispute as to this date, as it was the day of the first Vancouver court hearing.

I heard no more from Mr.Irving until a few days later when he asked me if I would testify to his whereabouts at an immigration hearing to be held around November 10 or 11, 1992, in Niagara Falls, Ontario.

I APPEARED as a material witness in front of a quasi-judicial body called an Immigration Court. I swore under oath the material facts as I have outlined above. To my utter dismay my deposition was cast aside and ruled to be an impossibility and therefore my veracity was called into question because of the statements I made under oath as to the times that I returned home and re-crossed the U.S. border to do so.

The “prosecutor” of this quasi judicial court stated that I crossed the border at approximately 3:10 a.m., not at 12:10 as I stated under oath. This point is a matter of record that was given as evidence by “the prosecutor.” I was stunned at this misstatement of facts and had no explanation for the difference in time.

I returned home to Washington State and visited the U.S. border station. I spotted the immigration officer that was in the booth at the time that Mr.Irving and I passed through the first time to go to my house. To the best of my recollection, the officer’s name was Jackson, that was the name on his badge on his uniform. I believe his first name was George.

I explained the situation to him, especially about the time difference and he pulled directly up in the air from behind the counter a computer key board. His words were, “This computer, that you are not supposed to know about, has its mainframe in the East and records all inputed information taken at Blaine, Washington, border station in Eastern Standard Time.”(Thus 12:10 a.m. EST becomes 3:10 a.m. on the West Coast.)

Mr. Jackson further stated that Canadian authorities have full knowledge of this fact that the records always show a three hour time difference. He added, “You didn’t get this information from me.” I thanked him and relayed the information to Mr. Irving and then to his attorney.

I state that this information is, to the best of my recollection, the truth regarding this matter.

[Brian Fisher]