UK judges retire to consider Assange case

SEVEN British Supreme Court judges will spend weeks considering the extradition of Julian Assange after hearing that a decision in favour of the WikiLeaks founder will contradict legal precedents both in the UK and wider Europe.

Two days of hearings ended on Thursday after lawyers for Assange and Swedish authorities argued the validity of an arrest warrant issued by a public prosecutor in Stockholm.

Assange’s barrister Dinah Rose QC told the court that the prosecutor was not a “judicial authority”, as required by British law, and therefore the warrant for Assange is invalid.

However Clare Montgomery QC representing Swedish authorities said the warrant is valid and that others issued by prosecutors across Europe have resulted in the extradition of individuals.

“Has any other national court in Europe ever thought about this problem?” asked one of the seven Supreme Court judges, Lord Mance, on Thursday.

They have, replied Ms Montgomery.

“The Supreme Court of Cyprus has looked at two cases … Ireland, Italy and Cyprus, all have applied it and said it is acceptable,” she said.

Ms Montgomery spoke of the wider ramifications if the court found in favour of Assange.

“If it is the view of the court that the warrant has not been issued by judicial authority … it would be a remarkable departure from the history of all that has gone before,” she said.

Both parties referenced laws relating to arrest warrants as passed by Britain’s House of Lords.

Each woman disagreed with the other’s interpretation of parliamentary documents. Even the judges appeared confused, constantly questioning the bar table until Ms Montgomery made her frustrations clear.

“Unless I can help the court with more fun and games,” she said before sitting down in a huff.

Swedish police want Assange, 40, in Stockholm for questioning over alleged sex crimes.

When visiting the city in August 2010 it is claimed he sexually assaulted two women. He denies the allegations and says the sex was consensual.

His appearance in the Supreme Court this week is Assange’s final chance of appealing extradition in Britain, after having already faced the UK’s Magistrate’s Court and High Court.

If unsuccessful, Assange will be able to take his appeal to the European Court of Human Rights.

Judges from this week’s appeal have reserved their judgment, which is not expected to be returned for some weeks. – AAP

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