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Wednesday, July 16, 2014

Julian Assange: Swedish judge rules to uphold arrest warrant live

Live updates on ruling to uphold warrant that led to WikiLeaks founder spending two years in Ecuador's London embassy to avoid extradition over sexual assault allegations

5.16pm BST

Julian Assange's Swedish lawyer says he will appeal the court ruling to uphold the arrest warrant to the appellate court, reports Sven Grundberg, a Stockholm-based reported for the Wall Street Journal.

5.10pm BST

The arrest warrant for Julian Assange has been upheld by the court, which says that he is still suspected for rape and molestation.

Per Nyberg, a journalist at the court tweets:

#Assange is still suspected, with probable cause, of sex crimes. His detention order remains in place says judge Lena Egelin #Assange

This means the Swedish detention order stays put #Assange

5.04pm BST

The ruling is now imminent, says David Crouch at the court in Sweden, where it's back in session.

Meanwhile in London:

Back and white for Assange regardless of the Sweden verdict today. Met sergeant tells me: "He is going to get nicked, if he comes out."

4.57pm BST

The Guardian's Rob Booth is now also outside the Ecuadorian embassy in London, from where he tweets:

Pro-Assangistas outside the Ecuadorean embassy hoping for a glimpse of their hero pic.twitter.com/toof6CJSnh

Smattering of press at Ecuador embassy to see if Assange gets his arrest warrant lifted. More bemused tourists though pic.twitter.com/daSlx4BPsq

4.27pm BST

Radio Sweden (Sveriges Radio) reports that the judge's ruling will come around 6pm Swedish time (5pm BST).

4.14pm BST

This report on proceedings so far comes from news agency AFP:

A Swedish court began a hearing on Wednesday to determine if an arrest warrant against WikiLeaks founder Julian Assange for alleged sexual assault should be dropped.

A decision to cancel the warrant would be a step towards enabling the 43-year-old Australian to walk out of the Ecuadorian embassy in London, where he has been holed up for the past two years in a bid to avoid extradition to Sweden.

4.06pm BST

WikiLeaks supporters are indeed gathering outside the Ecuadorian embassy in London, as one tweets:

#WikiLeaks supporters have a message for the #Stockholm District Court: "Free #Assange" pic.twitter.com/GmEDgv6E95 via @greekemmy #Svpol

4.04pm BST

Prosecutors argue that the original reasons for the arrest warrant remain valid (see link below):

The Svea court of appeal has found Julian Assange on probable cause suspected of rape, unlawful coercion and sexual molestation in two cases. These suspicions remain in place and unchanged. The risk of evading criminal justice system remains high.

The question is whether the long period of time that has passed since the detention order can be considered proportional to Julian Assange continuing to be detained in his absence. The question is also what time frame should then be considered

3.51pm BST

My colleague David Crouch, who is in court in Stockholm, says the defence case took up most of the proceedings. Assange's lawyers claimed the WikiLeaks founder's asylum claim to Ecuador "had nothing to do with avoiding Swedish justice".

The link below is to the prosecutors' counter-arguments (in English):

The hearing was taken up mainly by the defence. Prosecutor it seems rehearsed the arguments set out in detail here: http://t.co/PDLwtg1H2J

3.37pm BST

A small crowd possibly some WikiLeaks supporters; undoubtedly plenty of journalists has begun to congregate outside the Ecuadorian embassy in London, where Assange has been holed up for over two years.

It is unclear whether he would be able to walk free from the building if the arrest warrant were to be lifted today. Assange himself has acknowledged that today's ruling even if it goes his way is only one step in his legal battle. And the prosecutors could decide to appeal the decision if the judge cancels the warrant. They will hold a press conference immediately after the judge's ruling to explain their next moves.

All eyes on the balcony...favoured by Mr. #Assange when he chooses to speak in public pic.twitter.com/eXbVNHypxR

3.23pm BST

Court hearing in Stockholm about Assange arrest warrant has come to and end. Judges are now at deliberations. Decision due soon.

3.22pm BST

Assange's lawyer Per Samuelsson tells the court the arrest warrant should be rescinded because it cannot be effected. It will not lead to Assange being transferred to Sweden in the near future, he says.

3.17pm BST

3.15pm BST

Julian Assange is not at the hearing he hasn't left the Ecuadorian embassy in London for more than two years but he was invited to attend by court officials, David Crouch reports:

Writing to him at an "address unknown", the court said valid reasons for not attending were problems with public transport, sudden illness, or unforeseen circumstances. It advised him to arrive in good time and "clear your pockets of metal objects and put them in the plastic bins provided".

3.04pm BST

The judge is now watching a video put together by WikiLeaks and introduced by Assange's lawyers as proof that his liberty would be threatened if he were to return to Sweden. In the video called Assassinating Assange; you can watch it below a succession of US politicians and officials criticise the WikiLeaks founder.

2.59pm BST

Earlier, the prosecution set out its reasons for maintaining the arrest warrant. It argues that:

Assange has been given all the evidence relevant to the case. The prosecution is not required to hand over everything.

Prosecutor says that it has acted in proportion with the allegations. "[Assange] is suspected for serious crimes," Ms. Isgren says.

Ingrid Isgren from Sweden's prosecutors' office says conducting interviews with Assange in London is impossible. He needs to come to Sweden.

Earlier for the prosecution, Ingrid Isgren said sexual crimes not amenable to interviews abroad - e.g. DNA swabs must be taken

2.53pm BST

Reporters in court in Stockholm say the judge has confirmed that there will be a decision today once the hearing has finished.

Lawyers for Assange have been making their case for the arrest warrant to be scrapped. They argue that:

"If the mountain won't come to Muhammad then Muhammad must go to the mountain." Assange lawyer argues Swedish authorities must go to London.

Lawyer Samuelsson criticises that the prosecutor has mobile text messages that the defence has not been given access to #Assange

#Assange lawyer reads from Ecuador's decision to grant Julian asylum,points to perceived risk of Sweden,UK or Australia extraditing JA to US

2.42pm BST

Key to this latest hearing is evidence held by the prosecution that Assange's team says should be made available to the defence.

David Crouch has this useful explainer:

Text messages sent by the two women plaintiffs were seen by defence lawyers in 2010, but copies of the messages were not issued to them. Assange has claimedthat text messages sent by one of his accusers show that she was ambiguous about his arrest and even opposed to it.

"The messages strongly suggest that there is no basis for the arrest and they are thus vital so that he [Assange] can effectively tackle the arrest warrant," the lawyers say in documents filed with Stockholm district court

2.35pm BST

My colleague David Crouch is at Stockholm city court for the hearing:

Thomas Olsson, one of Assange's lawyers, meets the press outside the courtroom - "confident" of victory pic.twitter.com/aEPntHXYq4

Inscribed on the court ceiling: "They who abuse their freedom do not deserve it." (1915) pic.twitter.com/9orKjlE2z0

The red light means closed doors. Judge Lena Egelin said she wanted to deal with this evidence first #assange pic.twitter.com/IWiHJrIDV7

2.31pm BST

A judge in Sweden is due to rule on an application made by lawyers for WikiLeaks founder Julian Assange to cancel the arrest warrant against him.

The warrant was issued in late 2010, following allegations of rape and sexual molestation by two women. Assange denies the allegations.

The legal challenge to the prosecutor was issued last month after a change to Swedish criminal procedures bringing them in line with an EU directive on the right to information in criminal proceedings

The prosecutor and Assange's lawyers have rehearsed their arguments in documents lodged with court. For Assange, Thomas Olsson and Per Samuelson argue in their latest submission this week that the allegations against Assange have insufficient basis in the plaintiffs' evidence to police, which was leaked to the Guardian in December 2010.

Assange has acknowledged that even if the Swedish prosecutors decide to drop the case, it is only one part of the legal battle that keeps him marooned at the embassy. "I still have the larger problem, which is that of the United States and its pending prosecution, and perhaps extradition warrant," he told reporters in a conference call in June.

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READ THE ORIGINAL POST AT www.theguardian.com