Camera is panning around Court 1 at Westminster Magistrates Court. Few people in attendance. #Assange has not yet arrived.
Judge Baraitser has arrived. We are looking at an empty dock. Split screen shows Defence lawyer Mark Summers. Assange enters & identifies himself.
Miss Dobbins will read objections to bail
Ms Dobbins: This case has continued to refuse Mr Assange bail... He has previously gone to great lengths to evade extradition...
We lost the sound.
Back again. The court has discharged JA on the basis of a slim thread. Our High Court appeal may be frustrated if he flees.
Ms Dobbin now talking about the orchestration by Mr #Assange of @Snowden's escape from US justice. Details elaborate plans, distractions. This court should be in no court as to Mr #Assange's resources to arrange flights. He is welcome in Mexico.
Ms Dobbins : Mexico has offered to protect #Assange with political asylum. The defence says #Assange will not flee due to his health, but how can they be sure of his determinations? He has already showed himself to be a flight risk during Swedish proceedings.
Ns Dobbins: Mr Justice Ousley in deciding not to grant bail said Mr #Assange has a propensity not to face trial. He "ruthlessly" breached the trust of those who put up bail money.
Ms Dobbins. It was reported he cost Sweden a lot of money. Mt #Assange regards himself above the law and is likely to abscond.
Ms Dobbin: One of the people who provided purity for bail last time, Baroness Wooster has offered purity again.
Ms Dobbin: He was made a diplomat to assist with freeing him...
Flight risk overrides livelihood. Flight risk has nothing to do with mental health. Services at Belmarsh can look after him. #Covid prisoners have been moved from his block.
Ms Dobbins: Referring to the Turner Report and test to determine if a prisoner is likely to commit suicide. The key determinant, we will argue, is the conditions in place. We will argue the 4th test in Turner, regarding the diagnosis.
Baraitser interrupts, saying too much detail
Ms Dobbins: Mr #Assange mental health is not as severe as the picture the mental health experts painted.
Mr Assange & partner started a family to avoid extradition. They had never lived together.
There exists concrete proof he will abscond.
Edward Fitzgerald for the defence.
Your decision changes everything. It removes motive to abscond. There is confidence in the UK judicial system.
Mr #Assange his been detained for 15 months. You have given a ruling & ordered his discharge. The natural consequence is freedom
Edward Fitzgerald cites US prosecutor who said today that it is unlikely the extradition effort will continue.
Could should weigh into the balance that when the court says "I discharge you", a prisoner should at least enjoy conditional freedom. That's our law, acc to yr ruling.
Fitzgerald: Mr Assange has every reason to obey British law, after the most significant development. You have acknowledged his clinical depression. Due to the #Covid outbreak, #Assange has been severely deprived of contact w/ his family. 90 fellow inmates tested +ve for Covid.
Dobbins said the prosecution received an email from Belmarsh at 20.47 last night. Many self isolating but only 3 tested +ve.
Fitzgerald says 59 tested +ve before Christmas. Maybe 3 in the last 24 hours. But the main thrust of our submission is your assessment & ruling.
We do not accept that the wrong [suicide likelihood] test was applied. We do not think the court was wrong in the case of Lauri Love. We stand by your judgement & ask that you consider the importance of #Assange's family bond for his mental health. He has every incentive to stay.
Baroness Tracy Wooster makes the point in providing surety again that the situation his completely changed from 8 years ago, both in the nature of the request and the court's ruling. The psychiatrists say that family contact is essential to maintain his mental health.
There are humane reasons for accepting bail. Human rights must compel those other reasons. #Assange's Article 8 rights. Mr #Assange served his time for bail violation. The court must consider the proportionality of further detainment, given its concerns for Mr Assange's health
The Mexican offer was to come into effect after conclusion of these proceedings. Any suggestion that this could be associated with absconding is ill-founded. He would only be safe in this jurisdiction after a positive result. Mexico offers another in the future.
10 mins break
EF: Mr #Assange's experience in the Ecuadorian embassy for 7 years of confinement is not something he is EVER likely to repeat.
Re the situation in Belmarsh. Jan 1st: social visits are & will remain suspended. Mr #Assange would remain in lockdown, w/ no visitors & Covid risk
Mr Assange has seen a suicide on his block. He is surrounded by dangerous criminals. His case is so far away from that....
Baraitser: The history of this case is well-known... Assange skipped bail & remained in the Ecuadorian Embassy to avoid extradition to the US.
I ordered his discharge, but there has been an appeal. Mr #Assange still has an incentive to abscond.
The US must be allowed their opportunity to appeal. Mr Assange is being looked after by Belmarsh, which is nothing like what he would endure in the US.
I am satisfied that he could abscond. I deny bail.
Judge Baraitser said that #Assange's case was not yet won. The appeal must be lodged by the US by Jan 18. If it is lodged, the High Court case is likely to be in April. Julian Assange will remain in custody.
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Our live updates from the #Assange courtroom at the Royal Courts of Justice, Day 2 afternoon session, will be on this thread.
Court in session. Now we can hear the prosecution but not the judges.
Prosecution is refuting Ground 4 and Ground 6 of the defence's appeal. Focusing on the Fair Trial issue.
There is an argument of Speciality or nothing. The claim is the applicant is at risk of being punished for conduct he has not been charged with. That is Specialty and it is being forced into Art. 6
Our live updates from the #Assange courtroom on Day 2, morning session, will be on this thread.
@unjoe @CathyVoganSPK We are connected to the #Assange courtroom for Day 2 of his Renewal Appeal. Today we will hear from the prosecution and we have view on Clare Dobbin KC preparing her papers. No sound from the courtroom as yet
@unjoe @CathyVoganSPK Court in session. No sign of #Assange.
Our live updates from the #Assange Renewal Appeal courtroom - Day 1 afternoon session - will be on this thread.
@unjoe @CathyVoganSPK Court in session again.
@unjoe @CathyVoganSPK Mark Summers speaking again for the defense.
Continuing with prior cases in the US relating to this case. Prior publishers of many source names only had passport confiscated. Daniel Ellsberg, a state employee, was not prosecuted.
Consortium News hopes to be live tweeting from the #Assange court room on this thread, but we have NOT received our video links as yet - neither @unjoe nor @CathyVoganSPK (who had intended to connect via remote access).
If the links do not arrive they will both be in the court room and will endeavour to report from there.
@unjoe @CathyVoganSPK Still no remote access links for @Consortiumnews but the court has said they will try to get ours to us ASAP. #Assange Hearing begins in 20 minutes.
@unjoe @CathyVoganSPK We have received the remote access link and are now connected to the #Assange courtroom.
DAY 2 David McBride trial @MurdochCadell
Tweets on this thread
@MurdochCadell Defence is presenting a note related to a classified document illustration circumstances where an officer would best disobey orders, to avoid a dangerous situation for example, and be 'guilty' of a military offence, but not a criminal act.
@MurdochCadell Prosecution responds by distinguishing three "Levels" of posting. "Where are conflicting duties, we have dealt with that at a hypothetical level". If there is a duty to act ethically, there is leeway to do so.