Skip to content

Marianne Ny Withholding Evidence

Assange lawyers today made it clear why they were filing with the Stockholm district court: there’s been a change in Swedish law as of 1 June. The change means prosecutor Marianne Ny must now turn over the case evidence she’s so far withheld from Assange and his defence team.

Former Assange lawyer Björn Hurtig was given a ‘look’ at this evidence in November 2010 by a sympathetic assistant prosecutor (not Marianne Ny) but instructed he could not copy or make notes of what he saw. (He was further threatened with disbarment if he talked to the British courts.) Hurtig went on to state:

If I am able to reveal what I know, everyone will realise this is all a charade. If I could tell the British courts, I suspect it would make extradition a moot point.

The evidence in question includes transcripts of SMS messages between the two women and others.

This change in Swedish law, following the EU standard, has been described by Assange lawyer Thomas Olsson as ‘a little bit of a revolution’ when it comes to Swedish jurisprudence.

Further issues

But there are further issues, further matters that make this case even more suspect.

‘New evidence’? Swedish prosecutors can ‘pull rank’ on each other to reopen preliminary police investigations previously closed by other prosecutors, but they must cite a reason for doing so, and that reason is often the emergence of new evidence, which in the Assange case was a torn condom and a piece of another torn condom. This ‘evidence’ was sent to the state crime lab at the time Marianne Ny, at the request of Claes Borgström, pulled rank on prosecutor Eva Finné, who’d already declared that ‘no crime had been committed’. The results of the lab tests were known only much later, at which time it was found that the condom provided by Anna Ardin had been ‘fabricated’ by her to match her description in her own testimony, and was absolutely not a condom she and Assange had used – in fact, the lab could prove it hadn’t been used by anyone for sex, meaning Ardin was guilty of falsification of evidence, a crime that carries a sentence just as harsh as rape itself. Yet the Swedish police have not opened a case in the matter, Marianne Ny has not commented in the matter, and the complicit Swedish media have been silent.

Why seek out Borgström? Claes Borgström – the ‘Quick lawyer’ who earned $750,000 by ‘playing the game’ and ‘keeping quiet’ in that judicial scandal, doing nothing to defend his client, simultaneously aware that exculpatory evidence was withheld from the courts by the prosecutor – has admitted that the women had not known, when they first met, that preliminary police investigations could be reopened. Reopening the case with ‘new evidence’ had been his idea. So the question remains: why did the women seek him out? As for the one woman: her part of the case had already been closed, and she’d insisted she wasn’t responsible for filing the complaint anyway, the police had opened the case, and that she had been railroaded. She was so upset that she didn’t even conclude her interrogation. So why meet Borgström? As for the other woman: her part of the case concerned only misdemeanours (although falsifying evidence as she’d done counts as a felony against her). There aren’t many suggestions; all are rather damning.

So foolish to lie, Marianne! Marianne Ny systematically lied ‘TIME and again’ to the media about questioning Assange in London – first at the magazine of the same name, then later with new excuses in Swedish media. She was finally backed into a corner and forced to admit she had no reason for refusing, leading spokeswoman Karin Rosander to twist her tongue on several occasions, attempting to explain the inexplicable. Several jurists and one supreme court justice have questioned her actions. There’s even been speculation that Marianne Ny is tasked with questioning Assange in another unrelated matter – Sweden once had military forces in Afghanistan – which is not allowed by the EAW framework, but something she might possibly get away with in Stockholm.