Tuesday, 14 December 2010

Justice and the Paparazzi

One requirement of an aspiring barrister is to gain experience of the profession through 'mini-pupillages'. These involve shadowing barristers for a period of time (usually a week) when they go to court. This week I am completing a placement at a criminal chambers in London. Today I was despatched to the City and Westminster Magistrates' Court to witness a basic drugs case. All very ordinary, you might think.

Little did I know that the City and Westminster Magistrates' Court happened to be the venue for the latest episode in the most high-profile litigation in the UK.

I arrived at the court expecting to encounter the usual bunch of over-worked lawyers and weary criminals. What I actually saw was a flock of photographers and journalists surrounding the entrance. When I asked someone why there was so much commotion, she muttered something about there being a famous person in court that day. After more enquiries I soon realised that the famous person in question was none other than the Wikileaks founder, Julian Assange.

Mr Assange is the subject of extradition proceedings being conducted by the Swedish Government. He is wanted in Sweden in connection with a series of sexual assaults. Supporters of Mr Assange have claimed that the allegations against him are bogus and merely designed to facilitate his eventual extradition to the United States, where there are calls for him to be prosecuted in relation to his role in exposing a huge number of confidential diplomatic cables.

Outside the court, his followers made their views clear. While I was waiting in the queue in order to see the hapless drug offender receive his sentence, the assembled press went crazy as a number of B-list celebrities arrived to support Mr Assange. Firstly, the wealthy socialite Jemima Khan arrived on scene. She was followed by the film director Ken Loach and the veteran journalist John Pilger. All of these noble-minded spirits offered to help Mr Assange with the costs of any bail conditions to the tune of £240,000.

Mr Pilger declared the charges against Mr Assange as 'outrageous' - a curious statement given that he was not present in the bedroom when Mr Assange is alleged to have assaulted these women. Mrs Khan said that she was there to support the 'human right to freedom of information', which does not exist and even if it did, has no application to the case.

Sweden does not appear to have any particular interest in the Wikileaks saga. In order for the critics to be right, therefore, the Swedish Government must be acting as lackeys of the US. This was certainly the implication given by the protesters outside the court, parroting the usual view that the US is the root of all evil in the world. In my opinion, this is clearly absurd. Sweden is no more likely than the UK to extradite Mr Assange to the United States. Even if he was extradited, it is highly unlikely a prosecution would succeed across the pond given the very strict approach taken to freedom of expression. Also, I'm not aware of any particular special relationship that would lead Sweden to deliberately falsify charges to suit the political objectives of the US.

Not that any of this rationality bothered the press, of course.

It's not every day that suspects accused of sexual offences get such vociferous public support. Personally, I find Wikileaks to be an arrogant and counter-productive organisation, which has no concept of long-term public good. Others see it as a revolutionary exponent of corruption and lies at the heart of government. Whatever view one has, however, the fact is that Mr Assange has been accused of sexual offences against a number of women in Sweden. He ought to be made to answer those charges, just as any other suspect being brought before the City and Westminster Magistrates' Court should.

Why he deserves the backing of people like Peter Tatchell or the representation of top human rights lawyer Geoffrey Robertson QC in this matter is questionable. These advantages were - needless to say - not extended to the defendant in the case I witnessed. There is a lesson here to criminals everywhere - undermine democratic governments and gain the support of activists, lawyers and celebrities. Doesn't matter what you may have done.


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