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Assange accusers had 'an agenda': lawyer

David Landes · 13 Dec 2010, 17:28

Published: 13 Dec 2010 17:28 GMT+01:00

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At the same time, legal scholars in Sweden rejected claims that a Swedish prosecutor’s investigation was politically motivated.

Speaking with the Daily Mail newspaper on Sunday, Swedish defence attorney Björn Hurtig said he had access to information, currently being kept secret by Swedish prosecutors investigating the case, which would expose the case as “a charade”.

“It was, I believe, more about jealousy and disappointment on their part,” Hurtig told the newspaper.

“I can prove that at least one of them had very big expectations for something to happen with Julian.”

Hurtig said he was still awaiting permission from Swedish prosecutors to present what he characterised as “sensational” information about the rape investigation. However, Swedish rules stipulate that the evidence can only be presented in Sweden.

While yet to be formally charged with any crime, Assange is wanted for questioning in an investigation led by Swedish prosecutor Marianne Ny into sex crimes allegations stemming from a visit by the WikiLeaks’ founder to Sweden in August.

Assange has maintained his innocence, hinting that the allegations are part of a conspiracy to damage his reputation in the wake of several high profile releases of classified US documents by the whistleblower website.

However, a Swedish legal scholar dismissed as “absurd” the notion that Nye’s investigation was somehow politically motivated.

Hans Eklund, a law professor in criminal law at Uppsala University, believes much of the speculation about supposed ulterior motives on the part of the Swedish prosecutor likely comes from a misunderstanding of the Swedish legal system.

“There is no political conspiracy in the way the judiciary has handled this case,” Eklund told The Local.

“That’s totally absurd, just ridiculous. Something taken from thin air.”

He explained that the Swedish constitution stipulates that public prosecutors remain non-partisan and impartial.

“Politicians don’t get to have a say in any of the decisions related to administration or judicial matters, and ministers are absolutely prohibited from getting involved,” Eklund said.

“If the United States tried to pressure a Swedish prosecutor with threats, the prosecutor would report it immediately and excuse him or herself from the case.”

He understood that the withdrawal of a junior prosecutor’s initial arrest warrant for Assange only hours after it was first issued in August may have added fuel to conspiracy theorists who believe the investigation is politically motivated.

But Eklund believes it likely comes down to a simple difference of opinion between two prosecutors when presented with the evidence.

“It’s a borderline case of rape, which comes down a legal assessment of the case,” he said.

“One prosecutor made one assessment, and another prosecutor made another assessment. It’s not stranger than when two different courts reach a different verdict in the same case.”

Iain Cameron, a colleague of Eklund’s at Uppsala and an expert in international criminal law, also highlighted the lack of knowledge about how Sweden’s prosecutors operate in reflecting on the proliferation of conspiracy theories.

“I think much of the speculation surrounding this case stems from a misunderstanding of the principles applied in Sweden,” he told The Local.

While many outside observers may view Ny’s continued pursuit of the investigation as an active choice, Cameron explained that Swedish rules stipulate she must continue with her probe.

“If there is evidence that a crime has been committed and the prosecutor deems that evidence to be strong enough to gain a conviction, the prosecutor is bound to go ahead with the case in Sweden,” he explained.

“In other countries, however, mitigating circumstances can result in a prosecutor not pushing forward with a case.”

He theorised that the false start at the beginning of the Assange probe may have resulted in questions about the strength of the evidence against him.

Story continues below…

“Initially, the prosecutor probably thought there was evidence of a crime, but there may have been doubts about whether it was enough to gain a conviction,” Cameron said.

But according to Assange’s attorney Hurtig, the women who have accused his client did so only after learning that both had had intimate relations with the 39-year-old Australian within days of one another and after he refused to take a test for sexually transmitted diseases.

Hurtig suggested that police and prosecutors may have convinced one of the accusers that a sex crime had taken place, claiming she didn’t feel she had been raped “until she went to the police station”.

“She was encouraged by a policewoman and a junior female prosecutor to think that way. While I don’t think there was any conspiracy, Julian says he is being victimised because of his role with WikiLeaks. The fact that he has a high profile has made him a target for opponents,” he told the newspaper.

While casting doubt on the accusers’ motivations for reporting Assange to the police in the first place, Assange’s attorney Hurtig also expressed confidence in Sweden’s legal system.

“This is not a banana republic,” he said he told the Daily Mail.

“I’m convinced that as soon as the case is heard in Sweden it will be thrown out.”

David Landes (david.landes@thelocal.se)

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Your comments about this article

17:58 December 13, 2010 by TheOriginalBlackMan
As a man, I detest anybody doing anything to another against their will and without their permission. These women, while having a very minor issue (condom Broke and Assange continued pumpimg away), which they did not complain about until they found out he had played both of them and they were not special to him, are being used for political purposes. I read that one of them has left the country and now refuses to cooperate in this circus act and clown show.
18:18 December 13, 2010 by Raydoggy
The next demon-stration planned for Sweden is a mass, worldwide boycott and they deserve it. I hope it sends the country broke for what these two despicable feminists have done not only to this man's reputation but also to the reputation of WikiLeaks, the only chance the people of the world have against the megalomaniacs who want a One World Government. Even a "united" Europe is a dismal failure, imagine what a one world government would be like, controlled by bankers. I hope Ms A and Ms B rot in hell. Feminist scum morons.
18:24 December 13, 2010 by eZee.se
"He explained that the Swedish constitution stipulates that public prosecutors remain non-partisan and impartial.

"Politicians don't get to have a say in any of the decisions related to administration or judicial matters, and ministers are absolutely prohibited from getting involved," Eklund said."

Remaining *totally* non-partisan and impartial is only really possible if people are robots - its human nature to pick a side.

As for the second para, it happened in ThePirateBay case where Sweden was threatened with WTO sanctions which went into TPB being *illegally* (by the above definition) raided... and that was only because TPB p!ssed off the US' media cartels, this time this dude has P!ssed of the US Govt!

I am very curious to know what information Hurtig has that would expose this as the charade that it is.

@TheOriginalBlackMan, I too read that one of the women who screamed rape has refused to go on with this circus act... and unless that picture of her was just one flattering one out of all the rest... she is quite cute (nice one Julian ;P ) !
18:53 December 13, 2010 by meanroy
"Assange accusers had 'an agenda': lawyer"

Well duh!

19:44 December 13, 2010 by mibrooks27
"Iain Cameron ... highlighted the lack of knowledge about how Sweden's prosecutors operate in reflecting on the proliferation of conspiracy theories..."

Oh, really? Then, why is the US government in talks with the Swedish government about handing Assange over directly? No trial. No further accusations. Nothing. The minute Sweden gets their hands on Assange, they hand him over to US authorities, who are in the process of concocting brand new laws, not presently on the books, in violation of the US Constitution, the Swedish and EU Constitutions, and the norms of every civilized society on the planet. Essentially, Sweden is bowing to the Nazi's of the 21st Century, handing over a wanted Jew, for god only knows what favors. This isn't just a conspiracy, it is disgusting and barbaric. The entire Swedish people should be ashamed of themselves.
19:58 December 13, 2010 by capt
Why do TL keep censoring out comments on this muslim terrorist? Maybe they are running in fear or have sometrhing to hide, wears Assange when you need him?
19:59 December 13, 2010 by kingdavid
My grandfather was in Auschwitz and his brothers got murdered there along with one of their pregnant wives, so I take offense at any comparisons you make to Nazis. Hey mibrooks how did the Nazis ever affect your life? Such amateurs to compare this to Nazis, you have no class. When people show up at your house beat you and destroy your family because of your religion then talk.

Now do any of you really think that this terrorist attack is just completely random? You don't think that it may be related to Assange thing? Check out the timing. When is the last time there was a terror attack in Stockholm? We have been warned that cyber attacks on the way from Assange's people and he warned us about releasing some super file to really mess with us-now you guys get a terrorist attack. Wake up, you don't know anything about the real intelligence game. I take any terrorist attack against Sweden personally-my girl Maddie is Swedish. I am out here every single day of my life trying to protect human lives and I have to deal with clowns like you people. How about someone telling me exactly what Assange's agenda is? You continue to protect someone when you have no idea what his agenda is. Tell me one good thing that has resulted from his leaks. But go on blindly supporting someone when you don't know all the facts.
20:09 December 13, 2010 by Rebel
Assange has at the very least showed that the mainstream media are weak and merely give part of the story in regards to anything important. And while they may have different agendas the leaks prove that the alternative press (left and right) are more in line with the truth.
20:12 December 13, 2010 by maxbrando
Ah yes, justice for him. You idiots in Sweden are finding out the product of tell everyone everything. All negative, also. Wikileaks overcomes rape, according to the black guys who commented - even allegations of it. Then they can rape you females without trouble. As for this guy is he?), his justice will come at the hands of Russians if they ever get their hands on him (and they will.) God are you all nuts or what? Could not find Palme's murderer (the stumblebum you convicted was part of a show trial to avoid national shame at your incopentence. It ookan old fisherman to find the Russian sib parked on your shores. And now, you had no idea this bomber was a terrorist!! What a country of total incompetence you live in.
20:16 December 13, 2010 by Colins
Just look at the ripples less than 5kr meat is causing, they better drop the charges because I see more troubles ahead,

JA is human, and liable to mistakes. Those calling for his head aren't perfect either. Sweden will regret this by the time the chips are down.
20:29 December 13, 2010 by alecLoTh
Didn't this all begin because the women went to the police, not to report a crime but for 'advice'?

How did advice escalate to t his? How did these women not feel violated until they had been advised to feel so?

Murky waters, for sure and given the stature and conduct of this man in international affairs one can only wonder and how timely this case is brought against him.
20:31 December 13, 2010 by mojofat
Blame the victim. The oldest non-defense there is.

While agree the swedish law as I've read it is utterly ridiculous, it is still the law. Maybe people should be asking for evidence of this "conspiracy" the defense is claiming before everyone martyr's Assange.
21:05 December 13, 2010 by Nilspet
Could you explain why Visa and Mastercard cut ties with WL let alone Amazon, paypal, etc ? JA is still not even formally charged. There are no judges, prosecutors that are free from political pressure especially for a case like this. They are humans like us not robots. Come on people... don't be so naive.

It is not uncommon that women in Sweden get orders/suggestions/advice from feminists on what to do to their husbands, lovers, coworkers, .... We live in the land of feminism, deal with it. Thanks god... none of them made it to the Prime Minister post so far. Luckily though not all the pretty women are feminists.

Isn't weird that in countries where women behave like more like women they get more respect? Look at India, Bangladesh, Pakistan, Philippines, Indonesia, Australia, New Zealand, S. Korea, Iceland, UK, Germany, .... etc these countries have (had) female leaders who got there with their own quality, not only agendas after agendas.
21:06 December 13, 2010 by coot
' "Politicians don't get to have a say in any of the decisions related to administration or judicial matters, and ministers are absolutely prohibited from getting involved," Eklund said. '

Where does the money come from that pays a prosecutor's salary? Who hires the prosecutor? Who hires the person who hires the prosecutor? Somewhere, the political arm of the government is involved. Does the prosecutor live in Sweden and have to answer to the Swedish tax authority, and does the tax authority answer to the politicians?

Maybe it is a tribute to Swedish society that Eklund thinks that no political pressure is involved merely because the politicians do not have the authority to give direct orders to the prosecutor.

There are many reasons it looks fishy: There was an arrest warrant that was almost immediately withdrawn. He was told he could leave the country, and then they issued another arrest warrant after he left. The prosecutor just wants to "question" Assange, but has declined Assange's lawyer's offer to answer questions at the Swedish Embassy in London (saying "I know of no such offer", or maybe more correctly "I knew of no such offer until a reporter asked me about it and I will not avail myself of it now"). At least one of the accusers socialized with him _after_ the alleged crime (because you know how women like to go to parties with men who have raped them). The prosecutors named Assange in the press immediately when the first warrant was issued, but apparently never name the accused in other cases.

Even the staunchest advocate of this prosecution has to recognize that this looks suspicious.

Of course, not all the conspiracy theories are equally plausible. The US doesn't need Assange extradited to Sweden -- If he violated any US laws, they could just ask the UK to send him directly. If the terrorist bombing in Stockholm has anything to do with Assange, then the terrorists are grossly incompetent -- if you are a terrorist, you _always_ make sure your target knows why you are attacking them, and it would be a massive failure to mention Afghanistan and Vilks but leave out another important reason.
21:26 December 13, 2010 by creamy
Daniel Dumbshits Berg has founded Openleaks, i.e, "ghonorhealeaks" to counter his once partner Assange with discreet repoting. This world cannot hide behind paper which the Nazi's were insane about doing writing NEW LAWS AND SLAUGHTERING INNOCENTS IN THE PROCESS as early as the mid 30's. If world powers can kill at their liesure as surely as individual suicide bombers then it is important that political processes be as open as possible. We need a good shot of pennicillin and a lot less killin.
22:28 December 13, 2010 by Dewey Oxberger
The Swedes started this whole jihad business with their tasteless cartoon, and when confronted by the Islamic community scurried behind the protection of NATO which they refused to support until they needed them. The Swedes are what we call " Fair weather friends".
22:32 December 13, 2010 by mojofat
Why are comments not open on any of the stories about the Stockholm bombing??!!?!
22:56 December 13, 2010 by mibrooks27
kingdavid - You don't know me or my background, but, for the record, I am Native American, Blackfoot and Shoshone to be precise. My people were slaughtered like beasts by the government. My grandmother was hauled out of her parents home and stuck in a government boarding house. Her parents couldn't visit her and she was beaten when she tried to run away. The government attempted to exterminate Native American culture and was largely successful. I have no idea of how many of my people died at the hands of the "liberals" that ran the US government, but I do know it was at least 50%. Don't go lecturing ME about Nazi's and pograms and prison camps, I KNOW about them! I grew up, starving, in a prison camp. They call them reservations here!

As for Assange, I don't know the first thing about him. He could be an American hating nutcase, a genuine truth seeking journalist or anything in between. I do know that his organization published military secrets months back and, except for some grumbling by the military, no one said one thing. But, when he started releasing the secrets of the elite ruling class, threatened to release secrets about the banks bilking Europe and causing the global depression we are suffer from, Washington went nuts. They are presently writing special laws, inventing them, with which to try Assange and others in his organization. They have perpetuated a whole slew of new "security" organization - Homeland Security, TSA, etc. - that spies on American citizens in the US, prevents them from traveling, can arrest them and hold them indefinitely. They have taken children from parents homes who they classify as "potential domestic terrorists", military families who have simply signed a pledge to not follow illegal military orders, like attacking civilians in the US, illegally attacking other countries. Unless that sounds an awful lot like the beginning of what happened under the Nazi's, you're being delusional.
23:49 December 13, 2010 by GLO
Justice for Julian !!! Enemy Combatant, Enemy of the Free World.
23:54 December 13, 2010 by wenddiver
The big story on Wikileakes still is untold. Where did the money come from to start it up?? You don't start something with international servers and travel from country to country without serious money behind you.

Who holds the puppet strings on Wikileaks and why do they seem to only be interested in US secrets. Odd when you consider that the US is the military arm of the whole of western civilization for all practical purposes.

If the US collapsed Militarily, Europes place in the world is a lot more dangerous. Taxes and the draft would have to increase 100% for all of Europe to make up for the power vacum. JA is a minor player in a very big game, who I doubt has the whole picture in mind.

I look for the Private to save himself by testifying that JA knew what they were doing was espionage. JA will probably rott underground in the ADX Super Max in Florence,Colorado if not executed at Terre Haute (Federal Bureau of Prisons). Guess he was an expendable Puppet.
00:12 December 14, 2010 by itzsmz
documentary on wikileaks:


summary of the video (as much as i can recollect):

one of the good outcome of wikileaks is the exposure of the atrocities done in Iraq, where soldiers are shooting civilians as if they are playing a video game and counting the 'hits' they get by the end of the day. this was leaked by an upset military officer/soldier (?), along with hundreds of other classified papers, into the hands of hackers behind wikileaks.

However, JA has been blinded by the success of the first expose' and wanted to rush into publishing as much of the classified papers as possible, to the dissent of his fellow members. in addition, JA says the ends justify the means.

as a result, he is in hot soup and the group behind wikileaks have separated themselves to form openleaks.

if JA had been more patient, perhaps more interesting and important information could have been extracted from the files. not just unnecessary politicians' gossip and sensitive security information. he should have been wiser.

perhaps he should watch (or rewatch) the Spiderman movie in which Peter Parker said, "With great power, comes great responsibility".
00:20 December 14, 2010 by Ben Wallis
How come there are no comments allowed on any of the stories regarding the bombing?
00:21 December 14, 2010 by alecLoTh
@ wendidver

Shared hosting accounts go for as little as US$3 a month. On this plan you can host a 'wiki' type service with all bells and whistles. All you need is to read the manual and actually have something to report.

So he needed little more than basic HTML knowledge to set this up. This can be done in a weekend with a pizza, bag of chips and a large fizzy drink....I know this.

Why are they only interested in US secrets............meh...it's because the US has the most secrets. It's just basic arithmetic. More secrets, more leaks. Other countries have secrets too, but how many parade the notion of freedom of expression as falsely...
00:40 December 14, 2010 by mojofat
@alecLoTh While technically true, the bandwidth for wikileaks is likely in the thousands of dollars a month by now, and from what I recall they aren't on a shared server. They're running their own servers from a private bunker or something. It also doesn't account for paying the staff and so forth.

Also, I'm curious as to how you can claim the US has the most secrets. I'm assuming this is a wild ass guess, but if you have some shred of evidence it would be interesting to see.

BTW, J.A.'s OKCupid profile, for all of you single ladies who aren't turned off by two pending rape investigations: http://mashable.com/2010/12/13/julian-assange-okcupid/#6053Username-HarryHarrison

Ironic that he lies about his age, no?
01:20 December 14, 2010 by alecLoTh

I do not dispute that "by now" their bandwidth needs have mushroomed. Similiarly, by now their donations make that a 'running cost' rather than a hindrance.

I made this point merely to show that all this guy needed was a motivation to do this, not a rich, mysterious backer to set it up. Facebook once ran on a spare pc in a dorm room.....

Entry requirements to mass media exposure have significantly dropped. In the old days you had to have a printing press to publish, now you just need to find the 'publish' button....

By saying 'most secrets' I'm simply demonstrating the use of ratios...more secrets more leaks, direct correlation - no citation needed. But I din't pull that out of a hat....i just followed the money.

Judging by the amount of budget, manpower, resources and dedicated spending as evidenced by FBI, CIA, Pentagon, Navy, NASA, military, Homeland Security, research in supercomputing, cryptography etc...then one can make a guesstimate that a fair amount needs to be kept secret.

Going further, the cia world fact book places the US not even in the top 5 richest nations, yet spending on 'defence' is far higher than any of the top 5.

There it is then, in shreds, but I don't expect to find a single, complete single repository of data that would bring one to any meaningful conclusion - my guess is it would be so widely distributed and incomplete......classified...., it's a bit like drawing figures with the stars
01:33 December 14, 2010 by grantike
ASSANGE wanted to be recognized world wide i guess he is getting everything he bargained for.he is innocent then what is the big deal to come over and clear your name .its just a court Christ sake come and clear your name. NU KÖR VI JU ASSANGE
02:39 December 14, 2010 by Dewey Oxberger
Thanks to the Swedes, we will now witness the end of an uncensored internet. With their trumped up charges and interference in the free flow of information they have made themselves American toadies. If they had minded their own business, the Americans would have never been able to challenge the free flow of information over the internet.
06:04 December 14, 2010 by volvoman9
Of course they had an agenda. Star fu**ers or jilted lovers "Hell hath no fury like a woman spermed".
06:09 December 14, 2010 by BarCode
I applaud The Local on their courageous stand to maintain the enrichment of the culture at any cost.
07:13 December 14, 2010 by flintis
Unless this Prof Eklund is actively involved in the procedings, his statements are pure speculation. Mind we all know about these professors from Uppsala, wonder if Eklund was also on the boat to Palestine?
12:21 December 14, 2010 by grantike
assange get to the court. the defense lawyers keep talking to the press to get peoples sympathy "NOT MINE".get him and charge him for felon.a well known hacker.i guess America should also charge him for espionage and theft of government property is that felon ?
19:47 December 14, 2010 by Dewey Oxberger
Yes Assange makes bail, on the Swedes phony charges, the Swedes will long be remembered as flänsost .
19:50 December 14, 2010 by Gojam
Is Sweden the USA's Lapdog ??

I prefered Neutral Liberal Sweden now all Europe can see that Sweden is willing to pervert it's judicial system for the right wing USA.

Swedish Justice is a joke.

But worse the Swedish people don't even appear to care.

Love from the UK.
20:33 December 14, 2010 by arcobelina
Not charged with a crime. But a foreign national is held in a foreign jail because Swedish prosecutors might want to talk to him.

Justice seems to be a none event in sweden today. The prosecutors were offered meetings many times but refused. Prosecutors dropped charges against him because they were unlikely to succeed.

The major witness is a CIA play thing who has now disappeared into palestine.

And still the authroites want to keep a foreign national in a foreign jail.

What is going onin Sweden today? Why hasnt a charge been laid or conversely why hasnt he been allowed to go free?
20:57 December 14, 2010 by Dewey Oxberger
One thing about the Swedes, when their bought by the CIA, they stay bought.
22:27 December 14, 2010 by Clone
I reckon most normal Swedes must be thinking why are we going to all this trouble when Sweden had JA in Sweden back in August ...Sweden must have something really bad to hide or they would not be making a meal or mess out of extraditing him

Anyway the world is watching and waiting for what happens next and I will not be visiting Ikea this weekend
01:02 December 15, 2010 by Dewey Oxberger
America's new national anthem, " Oh say can you Swede........
16:07 December 15, 2010 by adigunbabatunde@yahoo.com
Sure the duo enjoyed their s3x with a celeb. I read one of them tweeted the experience. The immediate documented reaction of both women did not show anything that they regretted until they met, which means their stories would have been "upgraded" to suit their motive- how to punish a cheating boy friend. i bet JA has no visa to enter Sweden at the moment.

A warning to all one-night pros, a consented sex could be changed to sex by surprise or even rape, all you need is a lawyer and a cheat, cheap or chief prosecutor.
21:12 December 15, 2010 by Albertoz
Hans Eklund, a law professor in criminal law at Uppsala University, believes much of the speculation about supposed ulterior motives on the part of the Swedish prosecutor likely comes from a misunderstanding of the Swedish legal system.

I believe pigs fly!!!
00:04 December 16, 2010 by dartagnan
Your so-called expert Hans Eklund sounds like a bit of a naive fool. State employees cannot be influenced by politicians and in this Sweden is whiter than white unlike every other country. In your dreams Eklund.

Your authorities are demanding punitive terms like isolation and that Assange is held incommunicado. Not normal for someone not even charged is it? In fact, isn't it true that the only other Red Notice you've issued for a suspected rapist was for a man who had attacked several children and actually absconded. Even this monster wasn't treated as badly as Assange.

You take everyone for fools. Noone believes you apart from those who really don't have a clue.
05:23 December 16, 2010 by ghostof911
"There is no political conspiracy in the way the judiciary has handled this case," Eklund told The Local.

"That's totally absurd, just ridiculous. Something taken from thin air."

Note to the locals, the rolling of this out by the "authority" Hans Eklund is EXACTLY the way US government propaganda is rolled out. In the US, the poorly educated swallow this kind of propaganda without question. In addition, the propaganda is not challenged by any of the media outlets, so the lies are accepted universally as fact.

Welcome to the dark side, Sweden.
19:23 December 28, 2010 by buckrogersday
Comment removed by The Local for breach of our terms.
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