Tough questions to Marianne Ny that Swedish mainstream media never dare to ask


Tomorrow, on January 11, there will be a hearing regarding the extradition of Julian Assange to Sweden. Eventhough Assange is a high profile person and the fact that the Prosecutor's Office and the police are leaking information that has been damaging to Assange's reputation, Marianne Ny has chosen to let the preliminary investigation take far to long a time and she has failed to in due time hear the suspect. Her handling of the case and the fact that the police and prosecutor's office are leaking such sensitive information as details about a sexual encounter between to people has caused damage also to the accusors.
Still Marianne Ny hides behind the practice in rape investigations to keep the investigation secret until it is time for a trial.
However, this is an extreme case, and Marianne Ny who is well aware on the fact that a big part of her investigation is published in international and Swedish media and that the speculations and also smearing of accusors and accused is getting worse for every day she delays making a decision on to charge Assange or not.
She should be much more forthcoming with information and she owes everyone involved and Swedish tax payer. to as a civil servant, explain the mistakes made and explain why the investigation takes such a long time and also explain why she cannot hear Assange on the phone or video conference.

She is not doing a good job and she should be asked to answer some tough questions by the media, it is their job, not to look away when the legal justice in Sweden is threatened by a person who is not competent to do the job or has a hidden agenda. Today, as an official and civil servant you will have to explain your activities. Why has Marianne Ny for two months not said anything about the case while the accused Assange has been depicted as a rapist all over the world. And why did she not immediately hear Assange as he is not a Swedish citizen and he should therefore have been heard without delay. It is common sense and Ny has not been able to come up with any valid reasons for not hearing Assange earlier.

In addition it is important, especially in rape cases when word is against word to hear both parties without delay. The court, if the accused is charged, will make a thorough analysis of the interrogations of the accusors and the suspected. Why did Marianne Ny not hear Assange immediately when she decided to re-open the rape investigation?
She knows very well how heavy Assange's words will weigh in the investigation, and she knows that the accusors have shown some very untypical behaviour for rape victims and maybe even unique in Swedish criminal history that two women come together and accuse one man for rape at two different occassions but wait up til ten days before they go to the police at the same time as no one else, in the world, comes forward and accuse Assange of rape. Marianne Ny can address those issues as well, now!

There are some more important questions that the Prosecutor's Office and Marianne Ny should answer to and take full responsability for:
How comes that a decision was made to arrest Assange for the suspicions of rape before the interrogation of Sofia Wilen was finished, what was the hurry? The alleged rape had occured many days earlier so obviously there was time to at least finish the interrogation before issuing an arrest warrant for Assange?

The initial complaint was made the same day as the first interrogation was held with Sofia Wilen. The complaint is entered on 4.11 pm and the interrogation is commenced ten minutes later, 4.21pm. The interrogation goes on until 6.40pm. The emergency prosecutor decided to arrest Assange in absentia 5pm, in other words one hour and forty minutes before the interrogation ended. How did this happen? Why wasn't the arrest warrant issued after the interrogation ended? Was it therefore Eva Finne threw out the rape accusations? Because she took the time to read the complete interrogation notes? If so what did Marianne Ny find in the same notes that made her consider rape again?

She is also very vague about the chances for her investigation will lead to charges or not, she must be very clear, especially to foreign media, that this is about a preliminary investigation where Assange is suspected, that's all, he is suspected based on a story about rape told by two women that had had a lot of time to coordinate their stories before they went to the police, a story about rape that was thrown out by a very experienced and competent prosecutor, Eva Finne.

On December 5, Marianne Ny said that is was "to early to say if the case will lead to a charge". So after more than two months of investigations, as Ny said herself looking under every stone, she has not interrogated the suspect and she obviously has not come very far with her investigation. She did however, manage to have Interpol warrant an international arrest order for Assange.

It appears that Chief Prosecutor Marianne Ny is trying to cause Assange as much damage as possible, and she can do so with the full support of Swedish mainstream media.

Comments

1 - @anon. Thank you for the valuable information and yes I should translate Hillegren's article from newsmill.se, I have mentioned his case earlier though.
My question though is why Swedish mainstream media are so quiet about the Assange case no one is pushing Ny for answers.

2 - Public complaint to Ombudsmen for Justice in Sweden?

Anyone can raise a complaint to be investigated by The Ombudsmen for Justice (JO) or the Parliamentary Ombudsmen see { Link }

This may be a useful avenue to channel public outrage and raise awarenes throughout the Swedish Govt. If this is 'merely' a matter of a 'wild' prosecutor, then it might provide the Govt. with a way to back down and save face e.g. if the women never turn up to a trial, as sounds likely (see Borgstrom's cagey remarks again on Dec 24). Also note the prosecutor is meant to establish there is a good prospect of a sucessful prosecution, not simply there is a case to answer, before filing charges.

The JO removed prosecutor Rolf Hillegren after he made some 'wild' comments that were poorly worded about the broad definition of the laws and saluting a landmark Supreme Court ruling on the need for strong evidence. see { Link } and
{ Link } (The details of this ruling seem quite relevant to Assange).


The JO's decisions can be searched but most are in Swedish. see { Link } ons&Language=sv

One concerns Marianne Ny and the Utvecklingscentrum Gteborgs ! another mentions Bodstrm & Borgstrm (in passing?)

A translation of Hillegren's remarks on Assange here would also be interesting: { Link }


3 - Thanks for the English version from Sweden.
As a WikiLeaks supporter, on the evidence before me, I can only draw a conclusion that either the Swedish Legal system believes in "trial by media", has some very odd qualities or there is undue pressure or manipulation. Who would be interested in such manipulation ? I am not predisposed to conspiracy but I would guess the US, could one (or a few) Swedish nationals be influenced by covert operations ? (they are not unheard of)

4 - As to the conduct of the prosecutor,
it is regulated by (to give the english version):
THE CODE OF JUDICIAL PROCEDURE
SFS 1998:605
{ Link }

To me this (and the other laws I've seen here) is open to very loose interpretation as to what is "soon as possible", "exceptional", "balance",
"risk of flight" etc.

Assange was lucky a Swat team didn't grab him on Fri 20th Aug., as other horific cases illustrate.

The Rosander CNN interview on 21 Aug before Finne revoked it gives an idea of what is standard operating procedure:
hold in custody for the max 3 days, then decide if they apply to a court for detention in order to investigate,
which they can then keep prolonging every 2 weeks as long as the court agrees.

{ Link }

I think some decisions I mentioned at www.jo.se concern being too slow,
but a few months is not "slow" to them ...

Here is the one that mentions Marianne Ny.
{ Link }
What do you make of it?

What I would really like is to find the original report or other documents for this inquiry
headed by Claes Borgstrom:

{ Link }
Rape cases could get priority in court
14.Oct.2005
.ity ombudsman, Claes Borgstrom.

Borgstrom is heading an inquiry into the treatment of the victims of sexual crimes. In a few weeks he is due to present a series of proposals but the newspaper Stockholm City has had a sneak preview and reported on Friday that local emergency centres will make it easier for victims to get access to appropriate care.

Such a centre has recently opened in Stockholm's Soder hospital.

Following the care, priority in the courts will ensure that the whole legal process is speeded up.

Claes Borgstrom was commissioned to propose changes which would lead to more
rape victims reporting the crime and then seeing the process through to its conclusion.

He wants victims to have access to a lawyer as soon as they are in the emergency centre, rather than waiting until the attack is reported to the police. This will give victims a better idea of whether they should go to the police or not.

"Everyone we have spoken to says this will increase the incentive to report attacks," said Borgstrom to Swedish Radio.


---

Can you hunt out anything in Swedish?

5 - @anon. Snowflakes gone but the Twitter feed will stay - for now. And yes, I get a headache everytime I think about organizing only the info I have here. We should create a wiki or some kind of organized place on the Internet where everything worth saving in this case would be stored and organised. I am still hanging onto Notes and I know they have a wiki solution, might look into it, good idea really. Jag antar att du är svensk.

6 - @anon. The terminology used by media in different countries is different and also used subjectively as journalists and bloggers such as me are not required to use legal language. A person can be both suspected and accused at the same time but it is big difference between being suspected and charged. A preliminary investigation in a rape case like the Assange case is headed by a prosecutor and performed by the police. The result of the preliminary investigation will be evaluated by the prosecutor who will decide to charge or not to charge, the prosecutor can also decide to close the case for good or leave it open and in the case new evidence would appear,start the investigation again. The investigations take time as there is a lack of resources, especially since the new rape law came in effect in 2005 and the number of reports of rape increased dramatically, mostly the so called contact rapes where the accued and accusor know eachother. My theory about the stalling of the case is that someone who wanted to earn brownie points with the USA made sure to put the pitbulls Borgstrom and Ny on the case as this person or group knew very well that Borgstrom and Ny would quickly see they had no case but make sure to smear and hurt Assange as much as possible, not for a political agenda but just because that's the way the "judge" rape allegations.

7 - @anon. An absolute time frame for prosecutors is when the victim is under the age of 18 years old, then they have to charge within 3 months from the day the accused was identified. One would think though that the case of Assange would be under the same time frame considering him being a foreigner and high profile. Obviously MN has delayed the investigation by not interrogating Assange while he was in Sweden, really it is a no-brainer to talk to a foreigner asap isn't it.
About the new rape law that came in effect in 2005 there a lot to say also about Borgstrom and his bizarre ideas. Will dig, find, translate and publish as soon as possible, first though I have promised to do some translations for crowdleak.net

8 - nice to hear. Have you seen any wiki style sites where people are able to set out timelines and links and different topics in a more acessable manner, and actually to collaborate and accumulate coherent information? I have a lot more such info.

Blog posts tend to get buried once they are off the front page...
In the shadows
A multitude of blogs leaves one's head spinning, and some like this one want to keep my cpu spinning 100% with their scripts and snowflakes Emoticon

As to Swedish mainstream media, I get the impression it is "embedded" with the govt. and corporate world like most places,
except to a much greater degree, almost all (5/6?) is controlled or allied to the Bonnier Media Group.
Some sites attribute it to wide reaching
ethnic affiliations.

Also I saw somewhere they have to play nice to get some licence renewed every few years so press/TV/radio freedom is illusory.


In the shadows are the billionaires, Oil and Weapons companies etc...

Does the media criticise other prosecutors? Or the Govt in any serious way?


9 - I'm not well read on all this, but I would not try to make such assumptions, and I would want to clearly define "states" such as "accused", compared to "suspect" and so on and see what is a "preliminnary investigation", and so on, since I think there may be stages like that where they can stretch out an investigation of a suspect before they become an accused.
(Oficially accused that is, as opposed to media leaks and press statements and translations of certain sections of the rape laws ...) Emoticon

I'm confused now re Borgstrom 2005 Inquiry, that looks like a small matter of local implementation, not a new big law in 2005, which would have been years in the making.
It could help Assange's defence
to find some document on this showing Borgstrom had a hand in the rape laws and has an agenda there and not simply on equality. So if you know of such documents, don't delay translating, just put up a link.
You know they are on an urgent deadline now...???



The delays are something I want to pull together in a timeline/wiki etc.
e.g.
19 Sept Election in Sweden.

20 Sept 2 male witnesses questioned
27 Sept JA left Sweden.
JA's 3 laptops stolen on flight.

5 Oct Opening of the parliament
now said that
14 Oct they wanted to talk to JA
18 Oct residence application rejected.

So to me it seems plausible that the
prosecution stalled for the election and until the Ministers were all decided.
There are also suggestions that the Pirate Bay re-trial was delayed until after the election. (28 Sept, appeal 26 Nov)
And now there are a lot of new bills for more net surveillance etc. being passed,
also no doubt delayed until after the election.

Various Cables give background to this.

And Ms Ny was also probably busy with
27 October - SOU 2010:71 Proposed Amendments (667 pages!)

but then there is quite a gap to

18 Nov - court requests detention

10 - @anon. Translation. "Concerning questions about amongst other things consensuality in British sex crime law we refer to the Official Reports of the Swedish Government SOU 2010:71 Sex Crime Laws + evaluation and and reform proposals chapter 5.4"

You can send me your email if you need more help with translations.

11 - @AnAustralian. Thank you for your encouragement. Yes I think you are right, Borgstrom and Ny use or rather abuse the Swedish legal system to smear and hurt Assange. As I mentioned to anon, a person or a group of people are interested in good relationships with the US and probably personal favors. Remember that Borgstrom's partner is in the US building a new law firm there. I do not think this is as much about conspiracy as about pure corruption and greed.

13 - To clear up on small point among many,
my comments at #7 were in direct reference to the text of
THE CODE OF JUDICIAL PROCEDURE - SFS 1998:605
which I had previously cited and had in mind as the context of the discussion.
I was suggesting caution re your assumptions in #6, however as I omitted to repeat the reference I found your response #9 was missing my point and
this whole page is now snowballing with so many different topics and strains the capacity of this narrow column to sustain a discussion.

I've been reading more the SFS and SOU documents and have more to say when I can compose some paragraphs.

kind regards.

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