Why did Marianne Ny not question Assange when he was in Sweden?
Accoding to Marianne Ny her warrant for Assanges' arrest was issued becuase she has not been able to talk to him about the rape allegations. However, Assanges' defense lawyer claims that he has never been contacted by Marianne Ny about questioning him, Bjorn Hurtig however, has asked Marianne Ny several time to hear his clients' version of the alleged incidents. In an email to Assanges' English co-counsel Bjorn Hurtig explains the following to her:
From: Björn Hurtig
Sent: Sunday, November 14, 2010 12:43 PM
Subject: SV: Our client
Enclosed You will find a copy of the documents that I have would like to send to the prosecutor. I have not been able to have the document translated in detail, but I will now tell You the most important things in it.
First of all I comment the ongoing investigation and tell the prosecutor that I have asked her several times that they should hear my client so that we can be aware of the accusations. They have said no to this initially (and by this I mean for several weeks). Furthermore I remind her that I several times have asked her to give me the evidence in the case. She has said no to this also. I then tell her that I have asked my questions informally and in writing and tell her about a formal request that I made 14 of September 2010. This formal request has not yet been formally answered, which I find to be a breach of Swedish law (23:18 Rättegångsbalken). I also tell her that Sweden has not followed art 6:3 of The European Convention of the 4 november 1950, because Julian has not been informed of the accusation in detail and in his own language. Neither has he been informed of the documents in the case in his own language. This is an incorrect behavior.
I then tell her that Julian is indeed willing to participate in a hearing. But I remind her that I asked her in writing (14 of September) if he was free to leave Sweden for doing buissines in other countries and that she called me and said that he was free to leave. This is important because it means that Julian has not left Sweden in trying to escape the Swedish justice. Then I reminds her that Julian and I several times have tried to give them dates when he could come to Sweden and participate in a hearing, for example I spoke to the second prosecutor Erika Leijnefors during week nr 40 and told her that Julian could participate in a hearing the 10 of October (a Sunday) or some day the following week. The prosecutor in charge (Marianne Ny) said no to this. Other times Marianne Ny has said no to our proposals due to that one of her policeofficers were sick or because the time did not suit her. This is also important because it shows that Julian has tried but Marianne Ny has said no. I go on remembering her that Julian has suggested that he could participate over a phone line and from an Australian Embassy. She has said not to this also. Then I tell her that Julian is willing to participate through a videoconference or to make a written statement over the accusation and the questions they may have. This is of utmost importance, since it shows his willingness to participate. I remind her of a ruling from our Highest Court; NJA 2007 s.337, in which the court did not put a man in custody although he was abroad and did not come to Sweden to participate in a hearing. It was not proportional to do such a thing, since he left Sweden rightfully (just like Julian) and thus did not try to escape the Swedish justice, he was willing to participate via phone or in writing and so forth.
In the second last section of the letter I tell the prosecutor that she should think of the damage that Sweden already has done to Julian by letting his name in public. I tell her that I have heard that there is a policeinvestigation going on about the first prosecutor who let Julians name out In public, which shows that it is a serious matter. If the prosecutor now goes forward with a request of Julian being put in custody it is my opinion that the damage could be enormous; whatever the outcome of the trial may be. Therefore I urge her to come back to me with a proposal of when and where we could have this hearing instead of her dragging Julian in to court.
In the last section I tell her that if she proceeds with her plans of a custodytrial, I want all documents. This I say because I don not trust them to give me everything.
So Jennifer, this is the main things in my letter. I hope You understand what I am writing. If not, please call me. I will not be able to take Your calls today though, since I will be busy the rest of the day. If You do not call med, please let me know a s a p if I can send the letter to the prosecutor. I would like to send it first thing tomorrow morning. You may tell med by mail.