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Assange defence says Swedish extradition is denial of fair trial
WIKILEAKS FOUNDER Julian Assange could find out tomorrow whether he'll be extradited to Sweden for questioning over allegations of sexual molestation.
Starting a two day extradition hearing this morning, the presiding magistrate at Belmarsh magistrate's court has already said, according to tweets from the BBC, that no decision will be taken until tomorrow.
Assange's defence team from law firm Finers Stephens and Innocent has already posted their entire defence on the company's website. In its outline of arguments for Assange the legal team says:
Swedish prosecution authority chief prosecutor Marianne Ny is not eligible to issue the European arrest warrant because she isn't a judicial authority;
The attempt at extradition is an abuse of process because it is to forcibly get Assange to go to Sweden for questioning without any clear intention to charge him;
The extradition is disproportionate as Ny as refused to agree to question Assange by telephone, video link, Skype, affadvit or proferred attendance at the Swedish embassy or New Scotland Yard;
Extradition is unwarranted as the alleged offences are not illegal under English law;
The European extradition warrant is not justified because the alleged conduct does not fall within the European framework offence of rape;
Because Swedish rape trials are held in secret and Assange would be held incommunicado in prison without bail he is at risk of not getting a fair trial, breaching article 47 of the European Court of Human Rights.
Assange's defence team has put on the witness stand a retired Swedish judge, Brita Sundberg, who has essentially said Assange can't get a free and fair trial in Sweden.
Assange has feared extradition from Sweden to the US over possible spying charges. However the likelihood of such a possible extradition effort may have diminished as the US Army recently admitted it couldn't find a link between Assange and Bradley Manning, the serving soldier accused of leaking the diplomatic cables to Wikileaks. µ
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All you people who are saying that Assange *should* be extradited to Sweden to face trial are ignorant and misinformed (or the other way around).
This extradition request is NOT for trial, Assange has *NOT* - been - charged - with - anything***!
The Swedish authorities simply want to question him - for that purpose, extradition is NOT warranted when other methods of international communication exist.
Oh, and for 'Bob' - being *accused* doesn't make someone a criminal (as you HAVE implied, don't try to deny it) - you'd best keep your illiterate caveman justice to yourself.
Assange is a bit of a git, but he's our git! And we won't give him up to self-righteous over-reaching above-law elites. (i.e. not following any system of civilised law, including their own in Sweden)
Assange is just trying to avoid prosecution by making baseless claims. He should be extradited to stand trial.
"If he's guilty he will go to prison, just like any other criminal."
Whatever planet you are from clearly has a better legal system than we do here on earth...
The excuses some idiots will make to try and incarcerate an innocent person is unreal!
HOWEVER, BECAUSE OF THE FACT THAT ALL HIS TRIAL DETAILS WERE LEAKED MAY PRECLUDE HIS ABILITY TO HAVE A FAIR TRIAL. IN WHICH CIRCUMSTANCE THE CHARGES SHOULD BE DROPPED.
THE THING IS, FROM THIS POINT ON HE'LL HAVE TO LIVE HIS LIFE AS A LAW-ABIDING CITIZEN - AND I PREDICT HE WILL HAVE AN ENORMOUS PROBLEM LIVING UP TO THAT. SO HIS TIME WILL COME.
Assange should face his accusers in Sweden like any other perp. If he's innocent then he will be acquitted. If he's guilty he will go to prison, just like any other criminal.
All the excuses some people try to make for a criminal don't change law.
Surely, here's the bottom line: would he be guaranteed a fair trial outside the UK?
Is there reasonable doubt that he WOULDN'T?
Of course there is.
Thus, he shouldn't be extradited.
FYI, all the Wikileaks videos are on this hub:
http://wikileaks.videohq.tv