Don't send him to Sweden: WikiLeaks founder Julian Assange's lawyer tells extradition judges sex allegations are 'legally flawed'
WikiLeaks founder Julian Assange today asked the High Court to block his ‘legally flawed’ extradition to Sweden over sexual assault allegations.
Although not charged, the Australian computer expert is wanted by the Swedish prosecution authority to answer questions on three allegations of sexual assault and one of rape, said to have been committed in Stockholm last August.
The accusations were made by two female WikiLeaks volunteers.
WikiLeaks founder Julian Assange arriving at the High Court in London for his extradition appeal today
Ben Emmerson QC said Assange was facing allegations including 'sexual molestation' and prosecutors in Sweden had brought four charges.
He said one woman had been working for a Swedish organisation to which Assange was due to make a speech.
Assange stayed in her apartment while at an event.
The second went to meet him and 'made herself useful by running errands' when Assange was visiting Sweden, the court heard.
Mr Emmerson gave details of sexual encounters between Assange and the two women and of the complaints the women had made about Assange's behaviour.
Frenzy: Cameramen, journalists and police crowd around the High Court in London today upon Assange's arrival
He argued that the behaviour complained of would not have been an offence in England and said the women had consented to sex.
One woman described Assange's behaviour at one point as 'very strange' and talked of 'just wanting' sex to be 'over with'.
'Her words may indicate she was not particularly enjoying what was going on,' said Mr Emmerson.
'But they certainly do not go anywhere near what we would regard in this country as lack of consent.'
He said the High Court had to decide whether the 'acts' would have been offences had they happened in England.
'What (Swedish prosecutors) must prove beyond reasonable doubt is that if these circumstances as alleged had happened in London, would they have constituted offences?' Mr Emmerson told judges.
'(There are) very serious questions on dual criminality in (three charges). (There are) very serious questions on whether what happened in charge four could have recognisable as a charge in this (country).'
Protesters standing outside the High Court today with a sign reading: 'Free Assange! Free Manning! End The Wars'
A banner declaring 'The First Casualty Of War Is Truth' is draped over the barriers outside the High Court as Assange starts his appeal
Mr Emmerson said there was evidence which Assange's lawyers had not seen because under Swedish law prosecutors were not obliged to reveal it until proceedings were at a later stage.
In a case which has drawn international interest, Lord Justice Thomas and Mr Justice Ousely are being asked by Assange's legal team to therefore rule that his sexual encounters with the women were ‘consensual’ and the alleged offences are not extradition offences.
Lawyers for Assange challenged a ruling by District Judge Howard Riddle at Belmarsh Magistrates' Court in south London that extradition should go ahead.
Ben Emmerson QC, appearing for Assange, 40, told two judges the European arrest warrant (EAW) on which he was being held was flawed because it failed to provide ‘a fair, accurate and proper’ description of the alleged sexual misconduct.
Mr Emmerson also argued Assange was a victim of a ‘philosophical and judicial mismatch’ between English and Swedish law on what constituted sex crimes.
Assange says the allegations against him are politically-motivated, particularly after the WikiLeaks website published a mass of leaked American diplomatic cables that rocked the US government.
The accusations made on Julian Assange were made by two female WikiLeaks volunteers
Ben Emmerson QC said Assange was facing allegations including 'sexual molestation'
At a hearing in February, Judge Riddle dismissed all Assange's arguments that, if charged, he could not get a fair trial.
Assange has expressed fears that extradition to Sweden could be a stepping stone to being sent to the US to stand trial on fresh charges relating to WikiLeaks, and he could even face the death penalty.
If his High Court appeal is unsuccessful, he could take his case to the Supreme Court, the highest court in the land.
He said nothing as he arrived at the court in London with lawyers today.
A handful of supporters gathered outside the entrance to greet him.
Meanwhile, Assange hosted a lavish 40th birthday party at the weekend attended by celebrity guests and supporters.
Assange, who won bail in December, has been staying at Ellingham Hall, the 10-bedroom Norfolk farmhouse owned by Vaughan Smith, director of the Frontline media club, which was the venue for his birthday party.
His bail conditions include having to wear an electronic ankle tag and check in daily at a nearby police station.
Assange has been staying at Ellingham Hall, the 10-bedroom Norfolk farmhouse owned by Vaughan Smith
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