Assange extradition trial: key defence arguments

Julian Assange's extradition case entered its second day and supposedly final today, although it is questionable as to whether there will be a decision before the close of play. The WikiLeaks editor-in-chief is wanted by Sweden for questioning regarding a number of sexual abuse allegations brought by two women last year. Here are the key legal arguments of Assange's legal team.

PROSECUTOR'S ULTERIOR MOTIVES
Assange's team appears to be painting Swedish prosecutor Marianne Ny as something of a man-hater. Yesterday, Geoffrey Robertson QC asked Brita Sundberg-Weitman, a retired Swedish appeal court judge, if Ny wanted "to get [Assange] into her clutches and then arrest him no matter what?"

Sundberg-Weitman said: "Yes. It might be her attitude to have the man arrested and maybe let him suffer for a few weeks to have him softer [for interrogation]."

She added that Ny "has a rather biased view against men. She has lost balance."

In response, Clare Montgomery QC, for the Swedish government, established that Sundberg-Weitman had no personal knowledge of Ny's conduct and was basing her argument on a newspaper report.

Today, Sven Erik Alhem, a retired Swedish prosecutor for the defence, said that it was against procedure for Ny to have confirmed Assange's name to the Swedish press, because rape suspects are entitled to anonymity.

DEFICIENT SWEDISH LEGAL SYSTEM
Assange's team argues that the European Arrest Warrant is meant for people who have been charged with a crime, whereas the WikiLeaks boss is only wanted for questioning in Sweden.

Robertson says that Assange could not get a fair trial in Sweden. He says that rape trials there are regularly "tried in secret behind closed doors in a flagrant denial of justice". He asserts that the majority of offences Assange is accused of are not crimes under English law.

He also took a swipe at Claes Borgström, the lawyer representing the two women, who has attacked Assange in the Swedish press. Borgstrom, he said, would be in prison for contempt if he behaved like that in the UK.

Sundberg-Weitman, meanwhile, said she did not believe the European Arrest Warrant put out on Assange in this case was proportionate, adding: "I must say I am very concerned about the state of the rule of law in Sweden. It has been decaying since the mid-1970s."

RISK OF EXTRADITION TO THE US
Robertson argues that Assange faces the death penalty if he is extradited from the UK to Sweden and from there to the US. The Americans are known to be constructing a case against Assange. WikiLeaks has released thousands of classified US files relating to the Iraq and Afghanistan wars, as well as the notorious embassy cables.

Yesterday, Montgomery said that the possibility of an extradition to the US is mere "hypothesis" and that the UK would have to approve such a move anyway.

Today, Sven Erik Alhem, who is a legal commentator, said that Assange could not be extradited from Sweden to the US without a media storm. "I myself would write at least three articles," he added. ·