• Sweden edition
 
Lawyer: Assange a victim of judicial mismatch

Lawyer: Assange a victim of judicial mismatch

Published: 12 Jul 2011 11:18 GMT+02:00
Updated: 12 Jul 2011 15:00 GMT+02:00

The appeal began with Assange's defence lawyer telling a British court the case against him was legally flawed. In the February ruling in a lower court judge rejected his defence's arguments that he would face an unfair trial in Sweden.

The 40-year-old Australian's lawyer, Ben Emmerson, said the conduct described in the European arrest warrant issued by Sweden "fails to provide a fair, proper and accurate description of what is alleged against the appellant."

He said that Sweden was seeking his extradition for questioning over the claims of rape and sexual molestation by two women "not for the purpose of prosecution".

Emmerson also argued that Assange was a victim of a "philosophical and judicial mismatch" between English and Swedish law on what constituted sex crimes.

Assange arrived at the court in central London in a black car and refused to answer questions about the appeal from a scrum of cameramen and journalists. He was wearing a grey suit, blue tie, white shirt and glasses.

A supporter yelled: "Keep fighting the American empire, Julian." Other supporters including campaigning journalist John Pilger also arrived at the court.

The hearing on Tuesday and Wednesday will take place before two judges. The decision is expected to be deferred until a later date.

His Swedish lawyer, Björn Hurtig, said Tuesday he believes there are strong chances the court will decide to extradite his client.

"I think there is a big risk he will come here," Hurtig told Sveriges Radio.

"I hope this is going to go as Julian wants but I believe the chances for change are fairly small," he said, adding he thought Assange's British legal team would concentrate more this time on formalities than on criticising the Swedish legal system and Assange's accusers.

Hurtig was censured by the judge in the previous case for being "unreliable" and for making a deliberate attempt to mislead the court.

Even if the ruling goes against him, Assange's lawyers have signalled he is prepared for a lengthy legal battle and could take his challenge all the way to the Supreme Court.

The former computer hacker has been living under strict bail conditions, including wearing an electronic ankle tag and a curfew, at a friend's mansion in eastern England since December.

He was arrested in December after two Swedish women accused him of sexual assault, allegations that Assange denies.

The Australian's whistleblowing website was in the process of releasing a huge cache of leaked US diplomatic cables at the time.

It was the site's latest dump of US government documents, following the release of secret military files about the wars in Afghanistan and Iraq, and angered Washington.

Swedish authorities want to question him over the sex assault claims, although he has not been formally charged. He has claimed that the allegations are politically motivated.

Assange has shaken up his legal team ahead of the hearing, replacing vocal media lawyer Mark Stephens with Gareth Peirce, a high-profile human rights lawyer.

In recent years Peirce has represented Muslim terror suspects, and a former Guantanamo Bay inmate. She made her name in the 1970s and 80s defending people wrongfully jailed over bombings by Northern Irish paramilitary group the IRA.

Despite the tight restrictions on him, Assange managed to celebrate Sunday his 40th birthday, which occurred on July 3rd, with a party.

Assange has claimed his greatest fear is eventual extradition to the United States, where his lawyers argued he could be sent to the Guantanamo Bay detention facility or face the death penalty.

US authorities opened a criminal investigation against Assange in July 2010 but are yet to bring any charges against him.

AFP/The Local (news@thelocal.se)

Your comments about this article

13:53 July 12, 2011 by muscle
oh he is still alive?
16:10 July 12, 2011 by big5
Win-win situation. I despise the militant feminists who accused him of such a non-crime and can't wait to see them and the ditzy collection of prosecutors who supported them humiliated in court. But at the same time, the self-aggrandizing twit Assange with his hate-on-USA agenda deserves every bit of trouble he gets.

I hope he gets extradited and the whole process is painful and embarrassing for all concerned. Popcorn.
16:43 July 12, 2011 by Frobobbles
This is the coalition to end all coalitions: the swedish feminazis with the american empire
16:44 July 12, 2011 by William Sachsen-Coburg-Gotha
He's looking a bit chubby in that photo. Too much fish'n'chips.
17:07 July 12, 2011 by Swedesmith
Thought so too.
17:36 July 12, 2011 by Rick Methven
Maybe he should of been held on remand and eaten prison grub, that would have slimmed him down a bit
20:06 July 12, 2011 by sgt_doom
Extraordinary!!!!

The British government should be spending all their time extraditing super-crook and spy, Rupert Murdoch, to the UK, instead they are once again playing lapdog to the Americans!

Or else someone should be extraditing Carl Bildt to the Hague, to answer for those massacres of Sudanese while he was a director with Lundin Petroleum.

No justice left, I guess.....
22:15 July 12, 2011 by William Sachsen-Coburg-Gotha
Where should they be extradicting Murdoch from? (Seeing as he arrived in the UK at the weekend)
00:46 July 13, 2011 by Keith #5083
Very interesting report in the Guardian.Seems he did actually put on a condom when requested to do so.Any attempt at penetration before that had not been permitted yet there had been no verbalisation of a condom request.

So, if an adult woman consents to sex and does not specify, with that consent (whether by physical action or verbally) that she requires her partner to wear a condom, then the partner is accused of attempted rape!!! I understand we are not talking about women who have no experience in these matters but about mature,experienced women.

Make sure your deaf aids have new batteries, guys...oh, and carry some form of audio recording device so you can fully record all the conditions your partner requires you to fulfill.
13:54 July 13, 2011 by Nomark
Funny how its all developing. I recall pointing out that his first of lawyers were talking rubbish. Basic legal precedents and conventions would prevent any of the nastiness they were screaming about regarding further extradition to the US. However, lots of readers seemed to buy the hype and were rather loud and abusive here.

Similarly, I also pointed out that the core of the issue is the way the European Arrest Warrant is being used. I'm glad his new lawyers have decided to focus on this area.

Finally, like others, I remarked at the start of all of this that it could best be understood by reference to the peculiar feminist environment in Sweden and not as a CIA plot. Even Assange came round to that notion in the end though his supporters dutifully followed the CIA party line until they realised that they had to change when the party line changed.

I certainly wasn't the only one to have a fair degree of prescience. However, its notable that Assange's supporters were and are very easily led... There is a limited number of times someone can be wrong and still claim to have any meaningful grasp of the situation.
11:16 July 14, 2011 by johnny1939
This whole affaire seems like entrapment to me or the very foolish behavior of two foolish women for whatever reason.

Sex is not fun in my country but serious business w/ a lot of pitfalls. How I miss the times when flirting was fun and not sexual harrassement. Oh well
Today's headlines
Business & Money
American sales squeeze Ericsson profits
Ericsson CEO Hans Vestberg presents the third-quarter earnings report at the company's headquarters in Kista. Photo: Janerik Henriksson/TT

American sales squeeze Ericsson profits

Swedish telecoms equipment maker Ericsson reported a decline in net profit in the third quarter despite an increase in sales, boosted by business in emerging markets. READ  

Interview
'Too many concerts feel the same'
Sofar hosts secret gigs in Swedish apartments. Photo: Sofar

'Too many concerts feel the same'

Kattis Bjork founded Stockholm's secret gig scene - Sofar - a year ago. The Local caught up with her as she prepared to celebrate the project's anniversary this weekend and revealed the concept will spread to other Swedish cities in 2015. READ  

Stockholm 'sub hunt'
Sweden calls off suspect submarine search
Ships are returning to shore in Sweden. Photo: TT

Sweden calls off suspect submarine search

The core search for a suspected foreign vessel in Swedish waters has been called off. The armed forces said they remained convinced foreign underwater activity had taken place but had not identified an intruder. READ  

Business & Money
US and Japan fuel surge for Volvo trucks
Ed Carbaugh prepares to install parts on a truck engine on an assembly line at Volvo Trucks' powertrain manufacturing facility in Hagerstown, Maryland, March 2014. Photo: Patrick Semansky/AP

US and Japan fuel surge for Volvo trucks

Sweden's Volvo, the world's second-largest maker of trucks, said Friday it saw a spike in profits in the third quarter, boosted by thriving sales in the US and Japanese markets. READ  

Inspectors attacked at rogue doc’s surgery
Cigarettes and beer photo: Shutterstock

Inspectors attacked at rogue doc’s surgery

Inspectors who were sent to shut down a doctor’s surgery in Gothenburg were physically attacked and fled the premises to get help from the police. READ  

Police turn Swede’s vodka into water
A Swede loads a car with alcohol in northern Germany. File photo: Drago Prvulovic/TT

Police turn Swede’s vodka into water

Swedish police say they will pay a man 16,000 kronor ($2,200) in damages after much of the alcohol they confiscated from him was stolen, while many of the bottles they returned were filled with water. READ  

Diplomacy
US to get first female ambassador in Sweden
File photo: Athena Center for Leadership Studies

US to get first female ambassador in Sweden

The United States Embassy in Stockholm is set to get its first female ambassador after the White House announced it was nominating the Iranian-American ex-investment banker Azita Raji to take over from Mark Brzezinski. READ  

Neo-Nazi attacks
Neo-Nazis cleared of knife attack on Nigerian
Police intervene after neo-Nazis attack an anti-Nazi rally in Kärrtorp, December 2013. Photo: Hampus Andersson/TT

Neo-Nazis cleared of knife attack on Nigerian

A Stockholm court has cleared three neo-Nazis of stabbing a Nigerian man in an unprovoked attack. But two of the men will face jail after they were convicted of racial agitation at a riot. READ  

Julian Assange
Assange court ruling expected on Monday
Julian Assange at Ecuador's embassy in the UK. Photo: Anthony Devlin

Assange court ruling expected on Monday

WikiLeaks founder Julian Assange can expect the next court ruling on his case to take place on Monday October 27th in Stockholm. READ  

Politics
Sweden to get EU 'Christmas present'
Sweden's Prime Minister Stefan Löfven at an EU summit in Brussels this week. Photo: TT

Sweden to get EU 'Christmas present'

Sweden is set to get 1.2 billion kronor ($168 million) back from the EU on December 1st, according to leaked EU documents which suggest that other European countries will have to make large top-up payments this year. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Lifestyle
What's On in Sweden: October 24th - 31st
Gallery
People-watching: October 22nd
Gallery
In Pictures: Prince Carl Philip and Sofia Hellqvist
Lifestyle
Eight things to love about renting a Swedish apartment
National
Vasa ship cannon blasted in Sweden
Blog updates

24 October

Editor’s blog, October 24th (The Local Sweden) »

"Hi readers, Get ready to read our weekly digest of Swedish news in less than 60 seconds. The..." READ »

 

24 October

Is darkness weather? (Blogweiser) »

"I try very hard not to talk about the weather. This has come after a decade..." READ »

 
 
 
National
Sub hunt: Day-by-day
National
Sub hunt: Stockholm islanders share their fears with The Local
Sponsored Article
The best options for oversea transfers
National
Get 20% off unique Swedish homeware
National
Dentist gives free care to Roma beggars
Business & Money
Get your own office in Gothenburg or Stockholm - free for a day
Gallery
Property of the week: Malmö
Gallery
PHOTOS: 'Foreign activity' in Swedish waters
Gallery
People-watching: October 19th
TT
Society
QUIZ: How good is your Swedish?
Lifestyle
What's on in Sweden: October 17th - 24th
Society
The nudity... and nine other things expat men notice in Sweden
Gallery
People-watching: October 15th
Gallery
Your views: Should outdoor smoking be banned in Sweden?
Business & Money
Sweden has 'large hole' in finances
Sponsored Article
Introducing... Finding a job in Stockholm
Society
Monster salmon caught in northern Sweden
Gallery
Property of the week: Lorensberg
National
Scandinavia's child bride
National
Ebola crisis: How is Sweden preparing?
Business & Money
How Sweden is becoming a cashless society
Gallery
Stockholm Burlesque Festival 2014
National
How a little red horse became a symbol for Sweden
Gallery
People-watching: October 12th
Business & Money
The hottest start-ups from southern Sweden
National
What's on in Sweden: October 10th - 17th
National
Stockholm is 'best' region for well-being
Gallery
People-watching: October 8th
National
Five facts to know about Patrick Modiano
Society
My Swedish Career: A French fashionista in Sweden
Society
Swede's anti-bully Facebook tale goes viral
Society
Have you seen Sweden's viral subway cancer campaign?
National
Isis: Swedes linked to Turkish prisoner swap
National
Should Swedes be banned from buying sex abroad?
Gallery
Fredrik Reinfeldt's leaving presents
National
Five Swedish TV shows you shouldn't miss
Gallery
A tool belt, a casserole, and a book. Fredrik Reinfeldt's parliament gifts
TT
Lifestyle
Top five winter festivals in Sweden
TT
National
Sami reindeer herders win mine reprieve
Gallery
Property of the Week: Gamla Enskede
Sponsored Article
How to catch the first lobster of the year
Team SCA
Sponsored Article
All-female SCA team takes off on Volvo Ocean Race
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

991
jobs available
Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com
PSD Media
PSD Media is marketing company that offers innovative solutions for online retailers. We provide modern solutions that help increase traffic and raise conversion. Visit our site at:
http://psdmedia.se
If you want to drink, that’s your business.
If you want to stop, we can help.

Learn more about English-language Alcoholics Anonymous in Sweden. No dues. No fees. Confidentiality assured.
AA-EUROPE.ORG/SWEDEN