02-08-2011, 06:40 AM
(02-08-2011, 05:51 AM)velvetfog Wrote: Julian Assange's British lawyers are covering all the bases.You know I thought that was something they just put out to the press but not for use in the court;
He has obviously been able to purchase top notch legal representation.
* Swedish prosecutor Marianne Nye is "not eligible" or an appropriate "judicial authority" to issue a European Arrest Warrant
^^ that I think is interesting and stands a good chance of succeeding but there is nothing to stop the appropriate person issuing another or amended warrant.
* The Swedes are guilty of an "abuse of process" as they have not demonstrated any intention to charge or prosecute Mr Assange
^^ I think the warrant in itself demonstrates intent.
* The application for a warrant is "disproportionate" as he is willing to co-operate and be interviewed by phone, e-mail or videolink
^^ I think that don't really matter as typically you would need to be physically arrested and have your rights explained before any conversations can be used against you.
* The arrest warrant paperwork is not valid as it does not "unequivocally" state that he is wanted for prosecution
^^ It does say he is wanted for arrest though, people do get extradited to face charges I think.
* The offences Mr Assange faces - unlawful coercion and sexual molestation - are not criminal acts under British law
^^ The offences can be interpreted to English law, if what the girls are saying is true then its sexual assault & rape.
* Extraditing Mr Assange to Sweden would be a "real risk of a flagrant denial of justice" and a "blatant breach" of British constitutional principles.
^^ Don't think that will concern the court as Britain & Sweden both operate under the European Human Rights legislation so the trial is guaranteed to be fair but I do think the court has to way up the possible unfairness the media attention will have on his trial against the rights of the two women to have access to justice.
