LONDON – Lawyers for WikiLeaks founder Julian Assange asked a court for a second time yesterday to block his extradition from Britain to Sweden for questioning over allegations of sexual misconduct, arguing the case was legally flawed.
The 40-year-old Australian computer expert is in the High Court in London for a two-day hearing after losing an initial challenge to the extradition order in February.
The defence’s argument centred on the fact he had not been formally accused of anything yet in Sweden. The defence said it had no access yet to the dossier detailing the allegations.
His defence lawyer, Ben Emmerson, told two judges the European arrest warrant on which he was being held was flawed because it failed to provide “a fair, accurate and proper” description of his alleged sexual misconduct in Sweden.
Swedish prosecutors want to question Mr Assange about three allegations of sexual assault and one of rape made by two women, both WikiLeaks volunteers, in Sweden last August. Mr Assange denies the allegations.
Mr Emmerson said he did not dispute that the two women found Mr Assange’s “sexual behaviour in these encounters disreputable, discourteous, disturbing or even pushing towards the boundaries of what they were comfortable with”.
But he reiterated the sexual activities that occurred had taken place with consent and, unlike in Sweden, could not be criminalised under English law.
The whistle-blowing website began publishing a cache of more than 250,000 secret US diplomatic cables which angered the US government and caused a media sensation last year shortly before Mr Assange was arrested.
He has said he believes the Swedish case is politically motivated.
The US government is examining whether criminal charges can be brought against Mr Assange over the leaks. Mr Assange fears extradition to Sweden could be a stepping-stone to his being taken to the United States.
Mr Assange, wearing a dark-blue suit, sat quietly in court, swapping notes with his defence team and aides. He was freed on bail last December and has been staying at a country house.
Fellow Australian and left-wing investigative journalist and author John Pilger sat close by. He had earlier arrived at the court and was greeted by a small group of supporters, some carrying banners reading “Free Assange”.
In a case that has drawn huge international interest, two judges are being asked by Mr Assange’s legal team to rule that his sexual encounters with both women were consensual and the alleged offences do not merit extradition.
A judge originally dismissed arguments by Mr Assange’s defence team that he would not get a fair trial in Sweden and that it would ultimately violate his human rights.
Even if the High Court upholds the extradition request, Mr Assange could take his battle to Britain’s Supreme Court, the country’s highest, though this can only be done on a point of law considered to be of general public interest. A Supreme Court ruling would mark the end of the process.
Mr Assange hired a new legal team to represent him after his previous team was seen as too confrontational.
Replacing Mr Stephens is prominent human rights lawyer Gareth Peirce. She has represented accused militants in high-profile cases, including former prisoners held by the United States at Guantánamo Bay, and the “Guildford Four”. – (Reuters)