What do we know about the Assange case from the UK court records?

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1. In the week before Assange left Sweden, authorities were repeatedly in contact with Assange's lawyer

in an attempt to schedule an interview:

... In cross-examination the Swedish lawyer confirmed that paragraph 13 of his proof of evidence is wrong. The last five lines of paragraph 13 of his proof read: “in the following days <after 15th September> I telephoned <Ms Ny> a number of times to ask whether we could arrange a time for Mr Assange’s interview but was never given an answer, leaving me with the impression that they may close the rape case without even bothering to interview him. On 27th September 2010, Mr Assange left Sweden.” He agreed that this was wrong. Ms Ny did contact him. A specific suggestion was put to him that on 22nd September he sent a text to the prosecutors saying “I have not talked to my client since I talked to you”. He checked his mobile phone and at first said he did not have the message as he does not keep them that far back. He was encouraged to check his inbox, and there was an adjournment for that purpose. He then confirmed that on 22nd September 2010 at 16.46 he has a message from Ms Ny saying: “Hello – it is possible to have an interview Tuesday”. Next there was a message saying: “Thanks for letting me know. We will pursue Tuesday 28th at 1700”. He then accepted that there must have been a text from him. “You can interpret these text messages as saying that we had a phone call, but I can’t say if it was on 21st or 22nd”. He conceded that it is possible that Ms Ny told him on the 21st that she wanted to interview his client. She requested a date as soon as possible. He agrees that the following day, 22nd, she contacted him at least twice.

Then he was then cross-examined about his attempts to contact his client. To have the full flavour it may be necessary to consider the transcript in full. In summary the lawyer was unable to tell me what attempts he made to contact his client, and whether he definitely left a message. It was put that he had a professional duty to tell his client of the risk of detention. He did not appear to accept that the risk was substantial or the need to contact his client was urgent. He said “I don’t think I left a message warning him” (about the possibility of arrest). He referred to receiving a text from Ms Ny at 09.11 on 27th September, the day his client left Sweden. He had earlier said he had seen a baggage ticket that Mr Assange had taken a plane that day, but was unable to help me with the time of the flight ...

Mr Hurtig was asked why he told Brita Sundberg-Wietman that Ms Ny had made no effort to interview his client. He denied saying that and said he has never met her. He agrees that he gave information to Mr Alhem. He agrees that where he had said in his statement (paragraph 51) that “I found it astonishing that Ms Ny, having allowed five weeks to elapse before she sought out interview”, then that is wrong ...

In re-examination he confirmed that he did not know Mr Assange was leaving Sweden on 27th September and first learned he was abroad on 29th. He agreed that the mistakes he had made in his proof were embarrassing and that shouldn’t have happened. He also agreed that it is important that what he says is right and important for his client that his evidence is credible.

The witness had to leave to catch a flight. Miss Montgomery said that there were further challenges she could
make to his evidence, but thought it unnecessary in the circumstances. That was accepted by the court after no
point was taken by Mr Robertson. The witness was clearly uncomfortable and anxious to leave.
City of Westminster Magistrates’ Court (Sitting at Belmarsh Magistrates’ Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons

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2. No testimony on extradition to the US was provided at Belmarsh, except to discredit it:

... Sven-Eric Alhem gave evidence the next day, 8th February ... Mr Alhem retired in July 2008 after a legal career as a prosecutor, including serving as the Chief District Prosecutor in Stockholm and later as Director for the Regional Prosecution Authority in Stockholm. Since 2008 he has seen himself primarily as a social commentator on legal matters ...

He was then asked about extradition from Sweden to the United States. He is not an expert on what happens but had brought a Guide and had considered the specialty principle. His reading was that normally there could not be a further surrender to a country outside the European Union but there are exceptions. It would be “completely impossible to extradite Mr Assange to the USA without a media storm”. It is quite right to say that he would not be extradited to the USA ...

There was at one stage a suggestion that Mr Assange could be extradited to the USA (possibly to Guantanamo Bay or to execution as a traitor). The only live evidence on the point came from the defence witness Mr Alhem who said it couldn’t happen. In the absence of any evidence that Mr Assange risks torture or execution Mr Robertson was right not to pursue this point in closing. It may be worth adding that I do not know if Sweden has an extradition treaty with the United States of America. There has been no evidence regarding this. I would expect that there is such a treaty. If Mr Assange is surrendered to Sweden and a request is made to Sweden for his extradition to the United States of America, then article 28 of the framework decision applies. In such an event the consent of the Secretary of State in this country will be required, in accordance with section 58 of the Extradition Act 2003, before Sweden can order Mr Assange’s extradition to a third State. The Secretary of State is required to give notice to Mr Assange unless it is impracticable to do so. Mr Assange would have the protection of the courts in Sweden and, as the Secretary of State’s decision can be reviewed, he would have the protection of the English courts also. But none of this was argued ...

City of Westminster Magistrates’ Court (Sitting at Belmarsh Magistrates’ Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons

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3. Murkier and murkier. Or clearer, depending on how you look at it.

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4. Much of the case produced by Assange's lawyers hangs on the validity of the warrants:

... The attack is threefold. Firstly Ms Ny is not eligible to issue the EAW. Secondly she is not “a judicial authority”. Thirdly the warrant is not “issued … for the purpose of being prosecuted for the offence” as required by subsections 2 and 3. The argument is set out in the skeleton argument prepared by counsel for the defendant on 4th February 2011, and is further developed in the skeleton dated 7th February 2011 ...
City of Westminster Magistrates’ Court (Sitting at Belmarsh Magistrates’ Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons

... The offences of which he is accused and in respect of which his surrender is sought are alleged to have been committed in Stockholm against two women in August 2010. They include “sexual molestation” and, in one case, rape. At the extradition hearing before the Senior District Judge, and subsequently on appeal to the Divisional Court, he unsuccessfully challenged the validity of the EAW on a number of grounds. This appeal relates to only one of these. Section 2(2) in Part 1 of the Extradition Act 2003 (“the 2003 Act”) requires an EAW to be issued by a “judicial authority”. Mr Assange contends that the Prosecutor does not fall within the meaning of that phrase and that, accordingly, the EAW is invalid. This point of law is of general importance, for in the case of quite a number of Member States EAWs are issued by public prosecutors. Its resolution does not turn on the facts of Mr Assange’s case ...
The Supreme Court
Easter Term
<2012> UKSC 22
On appeal from: <2011> EWHC Admin 2849
JUDGMENT
Assange (Appellant) v The Swedish Prosecution Authority (Respondent)