My client Julian Assange would not get a fair trial in Sweden

[struggle4progress]

I have enough experience of the Swedish legal system to know its poor treatment of suspects marks them out as guilty
Per Samuelson
Monday 2 July 2012 12.35 EDT

... In August 2010, Assange was interviewed by the police for the first time, then released. A month later, the prosecutor requested an additional police interrogation be held, insisting this time that it be done with Assange behind bars. She called for Assange's arrest, issued a European arrest warrant and ordered that he be deported from the UK. Stockholm district court and the Svea court of appeal upheld her request and arrested Assange in absentia.

Neither Assange nor I can understand the motivation. Why couldn't the second police interview be conducted with Assange at liberty? Assange is not a Swedish citizen. He does not reside in Sweden. His work has worldwide impact and he must be able to travel freely to accomplish this. He would happily have presented himself for interrogation and, had the case gone to trial, willingly returned to Sweden to face charges. All this could have been done while he remained at liberty. Had Sweden handled the case in this way, the issue would have been resolved a long time ago ...

http://www.guardian.co.uk/commentisfree/2012/jul/02/julian-assange-not-fair-trial-sweden

To judge from the extradition hearings in the UK, Assange's various lawyers might be technically described as "lying fuckwads."

... 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 ...

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

The UK evidence shows that the Swedish prosecutor had been trying to set up a meeting with Assange, through one of Assange's attorneys, for at least a week, before Assange fled Sweden for the UK on about 27 September 2010. The new authorization to detain Assange for questioning wasn't issued by the Stockholm District Court until 18 November 2010, and the international arrest warrent wasn't issued until 20 November 2010, about two months after the Swedish prosecutor began trying to arrange a follow-up meeting with Assange (and before he fled Sweden for the UK)

[Robb]

1. Well, well.

Somehow this timeline is missing from my #assangerulz feed. Oversight, surely.

[Tarheel_Dem]

2. Not many suspects get to choose where they're prosecuted. And I agree about timelines.