Judge’s acceptance of ‘complexity’ of Assange’s case “is an important win”, says historian John Rees

20 December 2019|The Interregnum|Mohamed Elmaazi

In a surprise development District Judge Venessa Baraitser seems to have accepted that Julian Assange’s main extradition hearing will take weeks rather than days, though she still refuses to assist with his prison conditions.

A shorter version of this article first appeared in Sputnik International

Feature image via Mohamed Elmaazi

John Rees, of the Don’t Extradite Assange Campaign, says he has seen a positive shift in the case of WikiLeaks founder Julian Assange. Rees, a historian and activist, attended Assange’s latest case management hearing held on the morning of 19 December at Westminster Magistrate’s Court He explained that District Judge Venessa Baraitser appears to have now accepted that the case “is very complex” and “involves fundamental questions of law and justice”:

​Baraitser: Main hearing now to be held over 3 – 4 weeks

At the case management hearing Judge Baraitser announced that the main extradition hearing will now be scheduled to be held over three to four weeks, after initially scheduling it for around five days. Judge Baraitser’s decision followed the defence’s submission of “40,000 pages worth of documents” separated in six separate court bundles on:

• The 1917 USA Espionage Act under, which Assange faces 175 years in prison
• Proceedings as they relate to ex-military whistle-blower Chelsea Manning
• Medical evidence from “three distinguished psychiatrists”
• The Spanish judicial investigations as they relate to the bugging of Assange’s conversations with his lawyers in the Ecuadorian embassy
• Public statements by US officials ‘denouncing’ Assange
• Trial issues and prison conditions

Judge Baraitser also said that for reasons of “open justice” she decided that Belmarsh Magistrate’s Court, which can seat more people, is the “appropriate” venue for the main part of the extradition hearing to be held next year.

Judge Baraitser remains unwilling to intervene with Belmarsh prison authorities

Despite the Judge’s apparent recognition of the seriousness and ‘complexity’ of the case she still refused to intervene with prison authorities to compel them to give Assange proper access to his case files and lawyers.

Assange’s barrister Edward Fitzgerald QC reminded the court that of the “great difficulties” the legal team was having in “getting to see Mr Assange for sufficient periods of time”.

But the judge said she was not prepared to go further than making a generalised statement in open court that it would be “very helpful” if prison authorities aided Assange with what he needed. This is despite being confronted with precedent, on 13 December, of another judge in a separate case called up Belmarsh prison in order to get them to ensure a prisoner had sufficient access to their lawyers.

Ress argued that Assange can’t get a fair trial if he isn’t able to properly prepare for his defence:

.@JohnWRees, of @DEAcampaign, says at Westminster Magistrate's Court:

"It will not be a fair trial if [#JulianAssange's] attorneys don't have full access to him – that has to be a major concern"

Judge Baraitser remains "unwilling to intervene" in #Assange's prison conditions. pic.twitter.com/MkFYFaXdf3

— M. A. E. (@MElmaazi) December 19, 2019

 

“Julian Assange is an innocent man”

At the end of hearing, before the judge exited the court room, artist and activist John F. McGhee stood up and shouted:

“Im not a fan of pantomimes, this pantomime is a disgrace Julian Assange is an innocent man and everyone in this room knows he is an innocent man, he speaks the truth and an attempt to murder that Julian Assange in this country”

Judge Baratister told McGhee he couldn’t shout in court and called for security.

When a member of security also told him “you can’t shout in court” he responded:

“Of course I can.  I’ve got nothing but contempt [for these proceedings] – so take me away, this court is a farce, it’s a pantomime”

Outside of court McGhee explained his actions:

“It was an unbearable farce that whole procedure. I could not sit and let it pass without comment. So’ I’ve sacrificed my ability to attend any future hearings for that moment of release. The judge’s [overall]  hostility was shocking to behold”

Tariq Ali: Assange looked “wrecked” by prison conditions

Historian and activist Tariq Ali, who was in court and saw Assange via video link, said that he was concerned over deteriorating condition:

Government seeks delay for hearing until April 2020

Lawyers for the government appeared to be surprised by the Court’s announcement that the main extradition hearing may now take up to four weeks. Clair Dobbin, a barrister for the prosecution, told the court that her colleague Eric Lewis would not be available if the main hearing ended up taking more than a week as he has another “important” case set for that time period.

Dobbin asked the judge if the main hearing could be held “three weeks from 28 April [2020]”.

But Judge Baraitser was not pleased saying:

“My impression was that government was anxious for this case to remain on track”

Dobbin replied:

“The government is equally concerned with consistency of counsel”

Judge Baraitser ultimately told Dobbin that she would have to make a “formal application” if the government wanted to move the date of the main hearing, initially scheduled for the end of ​February 2020.

Doctors: Assange’s life is under threat

More than sixty doctors recently penned a letter to the Home Secretary saying they feared for Assange’s life if he is not transferred from Belmarsh to a university hospital for proper treatment.

The WikiLeaks founder, continues to be incarcerated in Belmarsh prison despite completing his 50 week sentence, for absconding while on bail, in September 2019.