(Updated on June 25, 2012)
Swedish director of public prosecutions, Marianne Ny, who requested Assange’s
extradition is under fire.
Introduction by Siv O’Neall
As
the French leftist newspaper Libération states, the accusations for rape against
Julian Assange were intended to “destroy” Wikileaks ‘ (August 22, 2010).
"There have been [headlines in the
media] worldwide claiming that I was suspected of
rape (...) And I know from experience that the enemies of
WikiLeaks continue to trumpet things even
after they were denied." he says.
Since there is a strong suspicion that
political interests are behind the extremely suspicious wheelings and dealings
of the Swedish system of justice, we are posting excerpts from an article which
was posted in The Standard, New Zealand, on December 4th, 2010 and also
by the site Radsoft on December 4th, 2010 "Assange, FSI, Marianne Ny, & The
Swedish Media" (FSI - Finers Stephens Innocent is a central London based law firm). There have been contradictory statements by Swedish
legal officers ever since this brouhaha started in August 2010. Two women were
wrongly quoted by police officers as having been the victims of rape, whereas
only one of the women was complaining of anything at all, and definitely not of
rape, which was simply the interpretation of one police officer. The accusation
of rape was later withdrawn by the woman in question. The expression ‘trumped-up’
charges comes back rather frequently in
the writings dealing with this legal scandal.
 |
| Marianne Ny, director of public prosecutions |
The accusations have been moving back and forth from
rape to sexual coersion and then to coercion. The Swedish director of public
prosecutions, Marianne Ny, seems to be the official who has been mishandling
this case and made herself guilty of lies and strange delays from the very beginning.
She overruled the decision by the previous prosecutor, Eva Finné, without even
having seen and talked to Julian Assange who had repeatedly asked to see her.
Excerpts from various
sites – Swedish newspaper Aftonbladet (August 21, 2010)
"Wikileaks founder Julian Assange is no
longer suspected of rape.
Therefore he does not have to submit
himself to the police.
- I do not think there
is any reason to suspect that he
has committed rape, said chief
prosecutor Eva Finné in a statement to the press.
Allegations
of coercion still remain." (translation by Siv O'Neall)
Wikileaks Julian Assange, Extradition
Hearing: Marianne Ny,
Swedish Prosecutor Biased? (NowPublic – Crowd Powered Media, UK – February
7, 2011)
Marianne Ny, the Swedish public prosecutor, requesting the extradition of Wikileaks founder Julian Assange,
is biased, the Belmarsh Magistrates Court in South East London heard on Monday.
Julian
Assange is now officially wanted in Sweden on a "minor rape" charge.
Brita Sundberg-Weitman, a former Swedish judge, appearing on behalf of the
Assange defense team, told the UK court that public prosecutor, Marianne Ny,
could easily have questioned Assange via Skype or phone instead of requesting
the extradition.
Excerpt from the
Swedish blog ‘Samtycke nu’ by Göran Rudling: (February 9, 2011)
This blog states essentially what the report
by The Standard, New Zealand is saying. ‘När man vet något mer än Statsministern
måste man säga något’ (‘When you know something better than the Prime Minister,
you have to speak out’)
“On September 1, the investigation
of the rape of woman No. 2 was resumed. Even then, Julian Assange was not arrested. Which he should have
been, according to Sven Erik Alhem.
We must remember that rape is a serious crime and that
Eva Finné as late as August 25 wrote off
any possible suspicion that Julian was guilty of
rape. The fact that a well informed prosecutor did not find anything suspicious in the relationship between Julian and woman No. 2 made the
Julian version of what happened all the more important to obtain. It was not done. Marianne Ny let 21 days go by before she showed any interest in questioning
Julian. This is extremely strange." (translation by Siv O’Neall)
Sven Erik Alhem is
a former prosecutor and a well-known civil rights lawyer who would have
insisted on keeping Assange in Sweden and also accused the Swedish prosecutors
of acting far too slowly. The question why
the Swedish prosecutor, Marianne Ny,
did not question Julian
Assange during the month that
he was still in
Sweden after he was suspected of a grave offense last fall has
been thoroughly discussed and questioned at the trial here in London.
_________________
Marianne Ny: Making an
arse of Swedish law. (Excerpts from The Standard, New Zealand)
"All of the
drama surrounding the Wikileaks release of US government diplomatic wires I and others do not find surprising. What has
been intriguing me more is the behavior of Sweden’s director of public
prosecutions, Marianne Ny. The available information on her charges and actions
against Julian Assange, the founder and head of Wikileaks, indicates that she
is driven more by politics than by any respect for the law. Assange’s current
lawyer compares her to the role of the infamous Beria in Stalins 1930′s show
trials – and from what I can see I’d have to agree. Similarly I fail to see
why Interpol is involved for such a minor charge. (Minor corrections for legibility, by SON)
…
"Assange’s London attorney,
Mark Stephens, told AOL News today that Swedish prosecutors told him that Assange is
wanted not for allegations of rape, as previously reported, but for something
called “sex by surprise,” which he said involves a fine of 5,000 kronor or
about $715.
"This would not be regarded as rape
here or apparently anywhere else apart from Sweden. Specifically in this case
it appears to revolve around the use of condoms.
"Based on what was said to the
police, the on-call prosecutor, Marie Kjellstrand, decided to issue an arrest
warrant on charges of rape and molestation, and the next day the story hit the
Swedish paper Expressen and newspapers all over the world.
"Kjellstrand’s decision was
overruled the following day by a higher-level prosecutor, Eva Finné, who
withdrew the arrest warrant and said she did not see any evidence for rape
allegations.
"Then, on Sept. 1, a third
prosecutor, [Marianne] Ny, re-opened the rape investigation, implying that she
had new information in the case.
…
"Assange
arrived in Sweden on Aug. 11 to speak at a weekend seminar sponsored by the
Social Democratic Party and arranged to stay at a Stockholm apartment belonging
to the event organizer, a member of the branch of the party who would become
one of Assange’s two accusers.
"According to
a police report obtained by the Daily Mail in August, she and Assange had
sex, and at some point the condom broke. While she was apparently not happy
about the condom breaking, the two were seen the next day at the seminar, and
nothing appeared amiss.
…
"The women
here are near to and over 30 and have international experience, some of it
working in Swedish government embassies. There is no suggestion of drugs nor
identity concealment. Far from it. Both women boasted of their celebrity
connection to Assange after the events that they would now see him destroyed
for.
…
"That
further evidence hasn’t been confected to make the charges less absurd does
Sweden no credit because it has no choice in the matter. The phenomena of
social networking through the internet and mobile phones constrains Swedish authorities from
augmenting the evidence against Assange because it would look even less
credible in the face of tweets by Anna Ardin and SMS texts by Sofia Wilén
boasting of their respective conquests after the “crimes”.
"In the case of Ardin it is
clear that she has thrown a party in Assange’s honour at her flat after the “crime”
and tweeted to her followers that she is with the “the world’s coolest smartest
people, it’s amazing!”. Go on the internet and see for yourself. That Ardin has
sought unsuccessfully to delete these exculpatory tweets from the public record
should be a matter of grave concern. That she has published on the internet a
guide on how to get revenge on cheating boyfriends ever graver. The exact
content of Wilén’s mobile phone texts is not yet known but their bragging and
exculpatory character has been confirmed by Swedish prosecutors. Neither
Wilén’s nor Ardin’s texts complain of rape.
…
"But it is
pretty clear that Marianne Ny is not acting for the law in Sweden – she is
using the law and the Interpol process on the flimsiest pretext. It is clear
that you can’t call this rape despite what the prosecutors in Sweden say, and what
has been blasted all over the US media.
"Sure,
Assange should probably answer more questions – if only to get this on again,
off again, on again accusation settled. But there is no reason that cannot be
done in the relative safety of the embassy in London. Since the charges do not
carry a custodial sentence, there should be no reason to put Assange in prison
to answer questions. That just makes him an easy-to-get-at target for the
various groups that are proposing to kill or imprison him on trumped up charges
from countries like the US to which he owes no duty.
"Bearing in
mind the US policies of grabbing suspects from friendly states with poor legal
systems and throwing them into concentration camps like Guantanamo Bay for
interrogation, I can see why Assange would not want to put in the control of a
show trial prosecutor like [Marianne] Ny.
"Marianne Ny
is just making an arse of Swedish law and holding it up as a laughing stock to
the rest of the world."
The Standard, New Zealand
___________________
Excerpts from Radsoft:
"Assange, FSI, Marianne Ny, & The Swedish Media"
STOCKHOLM/LONDON
(Rixstep) — The 'skeleton argument' released yesterday by FSI provides a
devastating condemnation of Marianne Ny and Sweden. Yet the Swedish media
refuse to even link to the document, much less intimate its contents or comment
on it.
(The link to the skeleton argument from the Radsoft site is not working any more (strange, isn't it?), but the one given here is working - so far.)
…
The salient - and most
interesting - points are:
- Marianne Ny isn't authorised to issue a
European Arrest Warrant (EAW). Referring to the 2005 case Enander v The
Swedish National Police Board, the Crown Prosecution Service (CPS)
confirmed that the sole issuing authority in Sweden is the national police
board. There's no evidence this position changed. Moreover, the British
Serious Organised Crime Agency (SOCA) received a request for proof of Ny's
authority on 24 December. Presumably SOCA have contacted Sweden; the
Swedes have so far refused to reply.
- A prosecuting authority applying for an EAW
must go through several channels. Amongst others, they have to take the matter up
with the national prosecutor's office and the cabinet minister of foreign
affairs. Evidently nothing such was done in this case.
- Extradition sought for improper purpose. EAWs can't be issued for 'questioning'
which Ny has repeatedly said is all she's after. Conversely, Ny's afraid of
formally declaring charges for then she'd be required to release all
documentation, something she's made clear she doesn't want (and refused)
to do.
- The purported offences aren't even
extradition offences. Brits
have no counterparts to what Ny's referring to.
The
document goes on to clarify the basic positions and reveals even more sordid
details about 'legal procedure' in Sweden.
√ EAW for questioning only, not for purpose of prosecution. This
constitutes an abuse of process.
Ny has repeatedly and publicly stated she sought the EAW simply in order to
facilitate a questioning and without yet having reached a decision about
prosecution.
Further, Ny's claim that all the 'normal procedures for getting an
interrogation' had been 'exhausted' is false. Both Hurtig and Assange made
repeated attempts to coordinate an interrogation but all such attempts were
rebuffed by Ny.
British justice Ouseley found that Assange 'has expressed, and I see no reason
to doubt it, a willingness to answer questions, either over the telephone or
some other suitable form of communication if the prosecutors in Sweden wish to
put them to him'.
In answer to the above comments, Ny has repeatedly said only that she has 'no
comments'.
Further, Ny stated she was not in touch with Hurtig. This is also false: Hurtig
was in constant contact with Ny's office for all of September but Ny wouldn't
return his calls.
√ Communication with Australian embassy in Stockholm. Ny was in contact
with the Australian embassy in Stockholm because they evidently interceded on
Julian Assange's behalf.
...
√ European Arrest Warrants are only to be used for the purposes of prosecution. Yet Ny can't declare an intent to prosecute - she'd have to turn over the full case files.
Ny's whole idea - the subject of her 'research' - is to develop a new
method of processing cases that not only violates several statutes of
law but also brings things back full circle to the witch trials of the
1600s.
√ Mere suspicion isn't enough for an EAW. This is enforced by the Extradition Act 2003. Lord Steyn of the House of Lords in the decision in Re Ismail:
It is common ground that mere suspicion that an
individual has committed offences is insufficient to place him in the
category of 'accused' persons.
It is also common ground that it
is not enough that he is in the traditional phase [phrase?] 'wanted by the police
to help them with their inquiries'.
...
The Swedish Media
The Swedish media have of course issued a complete blackout on the
above document. There's a scant mention of some 'document' being
released but - as opposed to most other conscionable news sources -
there is no link. Swedes relying solely on their own news organisations
for the truth won't know of it.
More at the site Radsoft
Sources: The Standard, New Zealand / Radsoft
"Julian Assange's accusers sent texts discussing revenge, court hears
Björn Hurtig, the WikiLeaks founder's lawyer in Sweden, says the women's messages contradict their claims"
On December 6, 2010, Slate Magazine posted one of the most laughable (if it had not been so serious for Julian Assange and for the cause of justice in general) variations on charges against Assange: He is now "charged with "sex by surprise" in Sweden". (Dana Kennedy, aolnews.com)
However, even this far-fetched wording does not make an extradition of Assange legal, since
Swedish Director of Public Prosecution, Marianne Ny, insists that Assange is merely wanted for questioning. Now, according to European law, "EAWs can't be issued for 'questioning'
which Ny has repeatedly said is all she's after". (Radsoft) Furthermore, "Marianne Ny isn't authorised to issue a European Arrest Warrant (EAW)". (idem)
Sweden's veteran news
anchor Olle Andersson doesn't miss much in this attack on feminist Sweden. ”I hereby
confess I am guilty of sexual abuse and rape of my wife…”
Read her Biography and more articles
by Siv O'Neall on Axis of Logic.
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