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Sweden slams Assange team over appeal

TT/The Local/pvs · 13 Jul 2011, 17:12

Published: 13 Jul 2011 17:12 GMT+02:00

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Assange is at London's High Court to appeal a ruling in February that approved Sweden's attempt to extradite him for questioning over allegations of sexual assault against two women.

Clare Montgomery, a lawyer for the Swedish authorities, rejected closing arguments by Assange's defence lawyers that a rape allegation against him would not count as such under English law.

On the second and final day of the appeal hearing, Montgomery accused Ben Emmerson, one of Assange's lawyers, of "winding English law back to the 19th

century" with his definition of consent.

"They (the alleged victims) are describing circumstances in which they did not freely consent without coercion," Montgomery said.

"They were forced either by physical force or by the sense of being trapped into the position where they had no choice and therefore submitted to Mr.Assange's intentions."

On the allegation that one of the women woke up to find Assange having sex with her without a condom, Montgomery said: "She may later have acquiesced in it... but that didn't make the initial penetration anything other than an act of rape she had not consented to."

"This woman had never had unprotected sex and it was a very important issue to her," she said.

Assange, 40, has consistently denied the allegations, which date from August 2010.

Earlier Wednesday, another of Assange's lawyers, Mark Summers, reiterated arguments that the European arrest warrant issued by Sweden was invalid because he is only wanted for questioning and has not been charged.

"There was from the very outset of this case an easier way to proceed, a more proportionate way to proceed," he told the court.

He said the EU's executive Commission had examined the European arrest warrant system and issued guidance that warrants should not be issued in circumstances where there is a "less onerous" alternative.

"The reality of this case is also that no decision to prosecute or charge has been made. The preliminary investigation remains open," he said.

Story continues below…

Assange took on a new legal team after a hearing in February which abandoned the bombastic statements by his previous lawyers warning that he could be deported to the United States and incarcerated in Guantanamo Bay, Cuba.

The former Australian hacker has himself remained uncharacteristically silent during the latest proceedings, refusing to comment on Tuesday or Wednesday to reporters waiting at the court.

At his previous appearances he gave long press conferences claiming the allegations are politically motivated and linked to his whistleblower website's releases of huge caches of leaked US government documents.

Assange was arrested in Britain in December. He has been living under strict bail conditions, including wearing an electronic ankle tag and a curfew, at a friend's mansion in eastern England.

TT/The Local/pvs (news@thelocal.se)

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Your comments about this article

20:16 July 13, 2011 by sgt_doom
Ohhhh puuuhhlease! For crissakes!

A quick review: everyone involved in this appears to be financially related to the Bonnier family whose tabloid publication (now where have we heard that term lately???) first appealed to be the sole publisher of Julian Assange's Wikileaks -- which he turned them down on when he was back in Sweden, originally.

Next, we see Ardin, convincing a younger female and recent intimate of Assange's, to go to the Swedish police with her about Assange. The case is dropped, then picked up again for highly questionable and political reasons.

The cast of characters: The Bonnier publishing/media family, Ardin -- who has worked for one or more of their tabloids, etc., Thomas Bodstrom, who has financial ties to the Bonnier business and was former Justice Minister who colluded with the American CIA to extreme rendition two innocent Swedish immigrants of Arab extraction, who were later acquitted and reimbursed monies for their injuries, etc. -- Attorney Borgstrom, with ties to the Bonnier family, and likewise other members of Sweden's Ministry of Justice, etc.

Any intelligent questions????
21:54 July 13, 2011 by The Grand Master
Why doesn't this guy just come back to Sweden and face the music? If he's innocent then he will be found as such. This isn't some Third World corrupt dictatorship with no respect for the rule of law (or Russia). Sweden is legally pretty sensible when it comes to these kind of things, but one could always assume his desperate attempts to stay away means he has something to hide.

And before you all get up on your high horses of morality etc, there's not a hope in hell Sweden will extradite him to the USA.

Guy is a total coward.
22:25 July 13, 2011 by archer08
@ The grand Master

"Why doesn't this guy just come back to Sweden and face the music? If he's innocent then he will be found as such. This isn't some Third World corrupt dictatorship with no respect for the rule of law (or Russia). Sweden is legally pretty sensible when it comes to these kind of things.."

Oh really? Sweden is not a Third World country, but it is a Feminazi State that does violate basic Rule of Law.

What do you have to say about ex-soccer player Magnus Hedman, was convicted of " paying for sex"(like if that is always a crime automatically,dictated by feminazi dogma), just because he had sex with a woman dressed " scantily-clad" and having a " foreign accent" ??
22:38 July 13, 2011 by The Grand Master

Yes really, Sweden is not a tinpot third world corrupt hellhole where there is no such concept as justice. If paying for sex is illegal here then.....er......... Mr Hedman should either obey the law or move to somewhere it's not illegal.

I assume you are an immigrant like me, shall we just ignore the law then? Doesn't apply to us right?

If I visit say Thailand and smuggle a kilo of Heroin and they catch me, then I should just say get lost, your rules don't apply to me? If Mr Assange didn't do anything wrong then fine, he'll be found not guilty-if it even gets to trial. If he did commit the crime then do the time. (I assume it's all sub judice-or should be, so we should't even be discussing his possible guilt or innocence on a public forum).

As for your Feminazi state rubbish, just want to point out that rape is kinda very very wrong and blokes shouldn't be committing rapes. ANYWHERE, EVER.
22:56 July 13, 2011 by Ivan Juric
The femo nazis are digging really deep here, anything but the facts.
22:57 July 13, 2011 by johnny1939
I am a swede and a women and I fully agree w/ archer08 . The swedes are hypocrites and the present administration is in the pocket of USA and there would be a real risk that Assange would be wisked away by a "black plane" like so many before him.

ps If you invite a man for a sleep over you have only yourself to blame
23:05 July 13, 2011 by countrysidedrive
After reading what has happened. I believe that Julian had sex with people he thought were friends. He had consensual sex but Julian broke the maybe unspoken agreement between a man and a women. The women or woman felt violated because he went beyond the unspoken agreement. Sweden is a progressive country in regards to women rights. As they well should be. All people are equal. Unfortunately Julian is the kind of man that is prevalent throughout the world. The world is changing and I hope for the better. And men need to treat women like an equal. As a man I get so frustrated with women. But I think the feeling is mutual. The thing is opposites attract and I love women.
08:37 July 14, 2011 by LonelyLove
"Sweden is legally pretty sensible when it comes to these kind of things."

This is complete nonsense of course.

There are only 2 countries in the world where you can be jailed for having consensual sex between 2 adults: Saudi Arabia and Sweden.

When it comes to the sex laws, Sweden in demented and extreme. I can't blame Assange for fighting extradition.
02:29 July 15, 2011 by sgt_doom
#7, countrysidedrive,...

Or maybe Anna Ardin was given the directive to go after Assange, while persuading Ms. W. to follow her lead, after Assange begged off from giving the Bonnier family publications any exclusive right to published leaked documents from Wikileaks????

Didn't Ardin once work for at least one Bonnier family business? Didn't Ardin work overseas through the foreign office in South America and Cuba??

Did Ambassador Bonnier arrange for the speedy entrance of Ardin into Israel or Gaza?????

Lot of Bonnier family connections going on here????
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