Swedish court sets date for Julian Assange rape case hearing

http://www.theguardian.com/media/2014/jul/03/swedish-court-date-julian-assange-rape-case-hearing

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Prosecutors in Sweden pursuing Julian Assange over rape allegations have rejected a demand by his lawyers to hand over new evidence and withdraw the warrant for his arrest, setting the stage in two weeks' time for the first legal battle in the case since 2012.

In a sharply worded rebuttal, prosecutors stated that Assange does not have the right to see copies of the case files.

Lawyers for the WikiLeaks founder requested last week that text messages sent by his accusers be passed to the defence in an attempt to break the deadlock in the rape case brought four years ago against him.

"There is still probable cause to believe that Julian Assange is guilty of the offences that he was arrested for, and the basis for his detention, risk of flight, is undiminished," prosecutors Marianne Ny and Ingred Isgren said in a submission to Stockholm district court.

The court announced on Thursday that the two sides will present their arguments on 16 July in a public hearing – the first formal legal discussion of the case since Assange sought asylum in the Ecuadorean embassy in London two years ago.

Dismissing the lawyers' argument that restrictions on Assange's "fundamental freedoms" since the allegations were made in 2010 are unreasonable and disproportionate, the prosecutors said Assange's confinement in the embassy is voluntary and "cannot be equated with detention".

"In our opinion, when assessing proportionality, only the time [detained] for questioning in the English courts should be taken into account," the prosecutors said. Assange was held for just 10 days in December 2010, they point out.

They also reiterated their refusal to travel to London to interview Assange in the embassy, which is seen by some Swedish politicians and senior legal figures as a possible first step to resolving the case.

Legal experts say that new legislation on a suspect's right to see evidence in the case before trial is open to different interpretations and has yet to be tested in court.

"The law states specifically that this provision does not give the suspect the right to have copies of case files," the prosecutors said in their rebuttal.

On Thursday Stockholm district court extended the invitation to Assange to appear at the hearing in two weeks' time.

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".

Thomas Olsson, a Stockholm-based lawyer for Assange, said: "The statement from the prosecutor gives us strong arguments for our case."