Hazel Press

11 August 2010 - Julian Assange arrives in Stockholm. He stays at Anna Ardin's Stockholm flat - she is away.

 

13 August - Ardin returns a day early. He offers to find other lodgings, but she invites him to stay. They go out for a meal at a local eatery. Later that night and in the morning of 14 August the couple engage in sex.

 

14 August - Assange is the principal speaker at the Social Democrats' Brotherhood Movement (Broderskapsrörelsen) seminar on "War and the Role of Media"; Ardin plays a key supporting role. Assange spends the afternoon with Sofia Wilén, during which they engage in 'heavy petting' and agree to meet again. That evening, Ardin arranges a crayfish party in Assange’s honour. Alternative lodgings are offered to Assange, but Ardin invites him to continue residing at her flat. A guest at the party stated: "It was a very hearty evening" and when he offered for Assange to stay at his apartment, Ardin replied, "he can stay with me."  

 

15 August - At a meeting on the future activities of WikiLeaks in Sweden, Ardin serves as Assange’s press secretary. Later, Assange and Ardin attended a dinner party at Stockholm restaurant Glenfiddich organized by the founder of the Swedish Pirate Party, Rick Falkvinge.

 

16 August - Assange accompanies Wilén to her flat in the town of Enköping. He wears a condom during several consensual acts of sexual intercourse. He penetrates her once without a condom.

 

17 August - According to witness Johannes Wahlström, Ardin was condescending when describing Wilén: "Here, this is what I wrote on 17 August: “Good morning. Can you remind J that we have a meeting at noon at the journalists’ union. I suspect that [inaudible] sleeping, and unfortunately I cannot fetch him today.” Ardin replied: “He is not here. He has been planning every night to have sex with the cashmere girl, but has not been able to find the time. Perhaps he managed to do so yesterday?” That was at 9:40 a.m. on August 17th. My reply: “Poor taste. Do you have her number?” Her reply: “Not sure that he has any taste at all, to be honest; but she was cute. Not mentally quick enough according to J. But cashmere and breasts and idol worship compensate. No unfortunately not. sofia.wilen@hotmail.com. Works at the Museum of Natural History. That's all I know.”

 

19 August - Wilén phones Ardin to seek assistance in contacting Assange. Ardin asks Assange to move out of her flat, which he does the following morning.

 

20 August - Wilén visited a sex crimes clinic at Söder Hospital where she was tested with a rape kit and received preventive medicine against HIV.

 

After visiting Söder Hospital, Wilén (now accompanied by Ardin) went to Klara police station. There are other police stations much closer to Söder Hospital and Ardin’s flat in the Södermalm district, however, Ardin's friend and fellow political associate in the Swedish HBT (homosexual, bisexual and transexual) and the SDP - the police officer Irmeli Krans, is currently on duty at the Klara station. Both Ardin and Krans are SDP candidates for the Stockholm City Council election which is currently in progress. 

 

Wilén’s brother later said that his sister told him "that she did not want to make any charges against Julian, but only wanted him to get tested for (sexually transmitted) disease". Ardin said to friends that she merely wished to “provide moral support to Sofia Wilén.” However, by the time they entered the police station, Wilén had already had an HIV test. Witness Hanna Rosquist: "Hanna said that Sofia wanted Assange to be tested for venereal disease. Sofia had gotten a test, but it would take a much longer time before she got the results. It would go much faster if Assange were to get a test."

Julian Assange case

Prosecutor Ny refused to provide Assange or his lawyers with information on the allegations against him in writing. This violates the Swedish Code of Procedure (RB 23:18.), the European Convention of Human Rights (article 5) and the EU Fundamental Charter on Human Rights. The prosecution also refused all voluntary offers for cooperation under Mutual Legal Assistance (MLA) provisions, such as making use of alternative methods to interview Assange. Ny repeatedly stated in the press that British and Swedish law prevented her from questioning Assange in London. In a witness statement submitted in the extradition proceedings (4 February 2011), she admitted that it was possible for her to interview Assange in London via MLA. However, Ny, (apparently unaware of the contradiction) then claimed that would not be ”an appropriate course” to take, because she considered it necessary to interrogate Assange "in person". Under Sweden's Code of Judicial Procedure "the investigation should be conducted so that no person is unnecessarily exposed to suspicion, or put to unnecessary cost or inconvenience;" (Chapter 23, Section 4) it is notable that Ardin was allowed to give her evidence via telephone to a police station several miles away and Assange, who stands to suffer a rather greater inconvenience and perhaps even endangerment, is not.

 

20 November - Ny issues a European Arrest Warrant (EAW) and authorizes Interpol to issue a Red Notice (the highest priority alert, which is usually reserved only for the most serious criminal suspects) on Assange.

 

The 'unusual handling' of the case by Ny and the mounting risk of being extradited to the United States finally leads Assange to contest the EWA and extradition to Sweden.

 

At the extradition hearing (07 February 2011) City of Westminster Magistrates' Court, the mismatches and exaggerations between the EAW and the original accusers' statements to the Swedish police are revealed. In particular the original police reports showed - contrary to the EAW - absence of alleged rape, absence of alleged force or injury, admission in both cases of consensual sex on the same occasions as the allegations, and splitting of a condom used with plaintiff 1 rather than failure to use one. Text messages exchanged between complainants and their friends contradicts the EAW's allegations. Judge Howard Riddle of the City of Westminster Magistrates’ Court stated that MLA, “was a more proportionate response than issuing an EAW.” On 8 October 2012, regarding sureties, Riddle stated, "the possibility that Mr Assange has a defence of reasonable cause to the allegation of failure to surrender cannot be excluded. The same applies when any defendant apparently absconds."

 

The High Court set a precedent regarding the use of EAW, UK citizens could now be extradited without charge to Europe, merely for questioning. In contrast to the UK High Court judges, the Irish Supreme Court recently ruled that extradition under the EAW without charge is illegal. The UK has recently announced that it intends to withdraw (opt-out) from the EAW system in 2014. A further precedent means that an 'investigating prosecutor' can now be viewed as an impartial 'judicial authority'. In EAW extradition cases the judges are forbidden from testing the evidence to ensure that there is a prima facie case and are directed by the Framework Decision governing EAWs to follow "mutual recognition" of European justice systems, i.e. "trust" that judicial systems function well and fairly, and that judges and prosecutors act impartially. Ny was in possession of the report from the Swedish National Forensics Lab regarding the condom evidence three weeks before she filled out the EAW describing the 'torn' condom encounter as an offence of sexual molestation.

 

It is alleged that the grace period to make an appeal to the ECHR was reduced by the Supreme Court from 14 days to zero days - making it impossible for Assange to take his case to the ECHR before his Supreme Court appeal time period expired and that this happened after Ny made a request to the UK's Crown Prosecution Service.

On the same day when Ardin is interviewed (21 August), the police dossier is reviewed by prosecutor Eva Finné, to whom the case has been transferred at the direction of Prosecutor-General Anders Perklev. Finné states: “I do not believe there is any reason to suspect that Julian Assange has committed rape,” The only remaining suspicion is that Julian Assange may have physically but not sexually molested Ardin. The arrest warrant is cancelled.

 

22 August - Ardin learns the case is likely to be dropped, she telephones Claes Borgström asking for help.

 

25 August - Finné decides to dismiss all sex related charges. “I have discontinued the preliminary investigation of the charge originally designated as rape. There is no suspicion of any crime whatsoever. I have gone through the interview with the complainant Sofia Wilén and as previously noted, the information which has emerged from the interview with the complainant is such that there is no longer any suspicion of rape. This does not mean that I do not find her testimony reliable. I have studied the interview to determine if there are grounds for suspicion of some other crime, primarily molestation or sexual molestation, but find that such is not the case according to my analysis.” The non-sexual molestation of Ardin is to be further investigated.

 

Krans is not pleased with this decision. She writes on her Facebook page: “What the heck is this??? Judgement zero!!!" “SCANDAAAAAAAAL!!!!! My god!!! Scandal in every newspaper and broadcast news report. But our dear, eminent and exceedingly competent Claes Borgström will hopefully establish a little order!” Later she posts: “The overrated Assange bubble ready to burst.” “Way to go, Claes Borgström!!!”

 

27 August - Borgström submits a formal request for the reconsideration of Finné's decision.

 

29 August - He begins asserting that Assange is guilty of two rapes.

 

In an interview in the Aftonbladet tabloid newspaper, when asked why Ardin at first did not believe that she had been raped, Borgström explains: “She is not a lawyer.” When asked, did his clients fully support the move to proceed against Assange? "Yes, yes. They do. At the same time, maybe, if they had known from the very beginning what would happen, maybe they would not have gone to the police at all. I don't know."

 

At the request of Borgström, prosecutor Ny announces (1 September) that Assange is once again suspected of rape, and that Finné’s sole remaining suspicion of non-sexual molestation is to be “expanded” to include several instances of sexual coercion and sexual molestation.

 

15 September - Ny gives permission (via Björn Hurtig, Assange’s Swedish attorney) for Assange to leave the country. However, Assange waits another two weeks before leaving to see if he can get matters cleared up. Hurtig is still asking between 15 and 21 September if an interview could be arranged "in the next few days", every request is denied for one reason after another, "the police officer was ill".

 

27 September - Assange leaves Sweden returning to England via Berlin, to oversee the 'Iraq War Logs' release.

 

18 November - Ny issues a Swedish warrant for the arrest of Assange on “reasonable suspicion” of rape, sexual molestation and unlawful coercion. Ny states that the warrant was needed because it had been impossible to arrange an interview with Assange. However, her only attempt to arrange an interview occured on the 21 September (19 days after she took over the case) and consisted of just two SMS messages and two telephone calls to Hurtig. By the time this request was made, Hurtig could not reach Assange who was by then engaged with the Iraq War Logs. No other effort was made by Ny to arrange an interview. Hurtig continued to attempt to arrange an interview after Assange had left for England and was free from the Iraq War Logs work; all requests are denied without any reason being given.

The interview begins at 16:21 and ends at 18:40. Ardin is present while Krans questions Wilén and intervenes to make prejudiced comments against Assange. Long before the process is completed, two colleagues of Krans - Mats Gehlin and Linda Wassgren - telephone the on-call prosecutor with details of the continuing interview. Based on that limited information, prosecutor Maria Häljebo Kjellstrand issues an in absentia warrant for the arrest of Assange on suspicion of raping Wilén and molesting Ardin. Neither woman has been consulted; the decision is made on their behalf by the prosecutor. The warrant is issued at 17:00, with the interview still only half complete.

 

When Wilén is informed at 18:40 that Assange is to be arrested on suspicion of raping her, she is unable to continue. Krans stated: “After being told about the arrest warrant, Sofia had difficulty concentrating on the interview. I therefore made the judgement that it would be best to break off the interview. It has not been read to her for approval.” As far as is known, Wilén has never approved officer Krans’s account of the interview, which is the principal basis of the most serious accusation against Assange. Her friend Marie Thorn told the police that “what happened after Sofia went to the hospital and the police was not what she wanted. The only thing she wanted was for Julian to be tested. She felt that she had been run over by the police and by others around her.”

 

The interviews of Assange and the journalists Donald Boström and Johannes Wahlström were recorded and transcribed, the other nine testimonies taken were not recorded and were 'narrative' testimonies written by the interviewing officer after the interviews, this is completely against police protocol. After the warrant for Assange’s arrest is issued, the news is leaked by either the police officers, the on-call prosecutor, or Ardin to the journalist Niklas Svensson of the tabloid newspaper Expressen.

 

Ardin gave her statement by telephone the next day. She then gave her story to the Aftonbladet tabloid newspaper, she told their reporters: "Julian Assange has a skewed view of womanhood and doesn't know how to take 'no' for an answer"; however, nowhere in her testimony is this word used, she clearly states that she gave consent, her main concern was the 'deliberate' breaking of a condom.

 

Within days, the police leak Ardin's and Wilén's statements to the Expressen. When Assange is eventually found for questioning (30 August), his statement is also leaked to the Expressen and appears the following morning, despite assurances by Gehlin that this would not happen. The Western media reports relied on selective quotes from the protocols and omitted the following:

 

Ardin continued to allow Assange to stay at her apartment for four days after the alleged offence. She repeatedly insists that he stay when others suggest accommodating him. Assange said she also engaged in further consensual sex with him. After 9 days, she describes this as molestation. During this time she continued to act in a voluntary role as his press secretary. According to witness Kajsa Borgnäs "Among other things, Kajsa asked Anna if she was going to have sex with Julian, because Anna is single and she and Kajsa had earlier talked about sex. Anna had then related that she had already done so, but had said that it was the worst lay she’d ever had. Anna had also said that Kajsa could take him."

 

Ardin created and then deleted evidence (tweets) indicating that she was enjoying Assange's company at a crayfish party she had arranged at her house to honour him the night after the alleged incident: “Sitting outside.. nearly freezing, with the world’s coolest people. It’s pretty amazing!” She deleted a blog posting detailing how to get revenge on unfaithful lovers. There are the photos of her smiling with Assange during a dinner engagement with members of the Swedish Pirate Party two nights after the night in question (see Page 2).

 

In both emails and SMS messages provided to defence attorney Björn Hurtig and in her own unrecorded 'narrative' account, Wilén states: "After several acts of copulation she was half sleep when she felt him entering her again. She said, “You'd better not have HIV” and he said: “Of course not,” but “she couldn't be bothered to tell him one more time because she had been going on about the condom all night. She had never had unprotected sex before”.“She felt that it was too late. He was already inside her and she let him continue. She didn’t have the energy to tell him one more time. She had gone on and on about condoms all night long.” Witness Katarina Svensson: "Sofia also said that, when she was half asleep on her side, she had been aroused from slumber to feel that Assange was inside her."

 

The Swedish prosecutor Marianne Ny later develops these allegations into Rape: “On 17 August 2010, in the home of the injured party Sofia Wilén, Julian Assange deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state. The sexual act was designed to violate the injured party’s sexual integrity.”

 

Ardin stated in the Aftonbladet: “It is quite wrong that we were afraid of him. He is not violent, and I do not feel threatened by him.” Ardin alleged in her unrecorded 'narrative' police interview: "Anna tried several times to reach for a condom, but Assange stopped her from doing so by holding her arms and prying open her legs while trying to penetrate her with his penis without a condom. Assange asked Anna what she was doing and why she was squeezing her legs together. Anna then told him that she wanted him to wear a condom before he came in her. At that, Assange released Anna’s arms and put on a condom that Anna fetched for him." Finally the condom was in use, however, "Anna is convinced that when he withdrew from her the first time, Assange deliberately broke the condom at its tip and then continued copulating to ejaculation. To my question Anna replies she did not look closely at the condom in order to see if it was broken in the way that she suspected; but she believes that she still has the condom at home and will check to see." According to witness Donald Boström: “And I have to tell you that we also had sex at an early stage at my place, and right in the midst of the act he destroyed the condom.” Assange's "not violent" behavior and use of a condom when asked, is later developed into Unlawful Coercion and Sexual Molestation by Marianne Ny in the European Arrest Warrant.

 

A 'worn' looking condom, split at the end was submitted as evidence by complainant Ardin 12 days after the alleged incident. It was examined by two forensic laboratories and was found to contain absolutely no chromosomal DNA fragments from either the complainant or Assange. Chromosomal or nuclear DNA in dried stains is remarkably resilient to degradation and can remain detectable for years. The laboratories then applied more refined techniques to the condom. According to sources, an almost undetectable speck of mitochondrial DNA was found. Mitochondrial DNA, if there are absolutely no chromosomal DNA fragments present, can only come from hair or nails. Any condom used for sex should be awash with chromosomal DNA fragments from both parties.

 

Ardin also alleged in her unrecorded 'narrative' police interview: "On one occasion (on Wednesday, 18 August) he had suddenly removed all the clothes from his lower body, and then rubbed his lower body and erect penis against Anna. Anna states that she felt this was strange and unpleasant behaviour, and had therefore moved down to a mattress on the floor and slept there instead of on the bed with Assange." Assange's alleged behavior when sharing a single bed with the woman he'd had sex with, is later developed into Sexual Molestation by Ny in the European Arrest Warrant.