Thread by @Consortiumnews

The #JulianAssange High Court hearing before Lord Justice Holyrode and Mrs Justice Farbey will begin soon.

We will be live-tweeting on this thread.

@unjoe @CathyVoganSPK @ElizabethleaVos @DEAcampaign @wikileaks @WilkieMP @JulianHillMP @people4assange @deepa_driver @BillHog15360397 We are in the #Assange courtroom video link and can see Edward Fitzgerald (defense) and Clair Dobbin (prosecution). Ten minutes to go.

We have a camera close-up on #JulianAssange, wearing a mask and glasses. Court rise...

Judge Holyrode (JH) offers a summary of the case to date, where the Magistrate ruled discharge, but then leave was given to the US to appeal on 3 of 5 grounds. Today's proceedings are about the 2 on which leave was refused.

Clair Dobbin (CD) says the press want the skeleton arguments. OK.

Says Magistrate erred in her judgement regarding likelihood of suicide. Arguing that there is a particular condition, & very high bar. #Assange doesn't come near.

CD speaks briefly of assurances... Fitzgerald says he can't hear. Hard for us too

CD Speaks of Prof Kopelman misleading magistrate. Also that his diagnosis relied on self-reporting by Mr #Assange, as opposed to methods employed by doctors Nigel Blackwood & Seena Fazel.

CD: #Assange had the fortitude to withstand dire conditions in the Ecuadorian embassy. He brokered his protection from Ecuador, rescued Snowden, did a TV program.

CD: Early psychiatric history of #Assange is scant. Not diagnosed w/ autism until these proceedings. Kopelman relied on #Assange's friends. He knew of relationship w/ @StellaMoris1. Reading from Kopelman's report. Very hard to hear.

CD: Pointing to where Kopelman speaks of #Assange's children, but doesn't disclose they are his to the court. Inexcusable in her view.

CD: Kopelman reported #Assange said only thing stopping him from committing suicide was his children. He didn't make clear those were also the children of @StellaMoris1.

CD: @NilsMelzer said #Assange was subject to arbitrary confinement. Kopelman went on to diagnose #Assange as suffering from depression w/ psychotic features, but doesn't explain he is worried about the safety of his child. Kopelman offers opinion w/out being asked. Not objective.

CD: The prosecution had no idea children were involved until March 2020, when a bail application was made. A 2nd report in September supplemented that 1st report. He didn't say that the 1st needed to be reconsidered in the light of there being children. He knew about them.

CD: Kopelman's 1st report was used to predict suicide. Didn't indicate there was reasonable cause for concern. Kopelman incorporated testimony from Joel Sickler, who is not a medical professional.

CD: Descriptions of prison conditions were highly contested but he incorporated the negative ones.
Prosecution had no idea of #Assange's family situation until his notes were provided just before the September hearing.

CD: When cross-examined, Kopelman said he didn't have much regard for "those bloody books". On the question of him being a neuropsychiatrist & not a forensic one, he said...

Judge Holyrode asks if notes indicate when relationship w/ @StellaMoris1 began, when kids born. Says yes

CD Kopelman said @StellaMoris1 was very concerned about the safety of her & her children. He thought disclosing family relationship was not critical.

The prosecutor is mumbling. Can't hear...

Judge Holyrode seeks clarification about submissions. CD says they were mainly written. The point is that the prosecution was unaware of the family relationship. Kopelman was willing to mislead the court to protect #Assange's interest.

CD wants to resume evidence by doctors Blackwood & Fazel. Blackwood said he found Kopelman's diagnosis at odds with his own observations. Fazel said #Assange's depression only moderate, & hallucinations were not typical of that.

CD Reiterates that #Assange's symptoms were self-reported. Prof Mullins (whom #Assange had seen in the 90's) did not agree with Kopelman. Fazel said there was an absence of predictors of suicide.

Neither Fazel nor Blackwood agreed that #Assange was on the autistic spectrum. The latter said why he was concerned w/ Kopelman's diagnosis. Dr Quentin Deeley had said he agreed only at one point, early on he agreed w/ Kopelman.

CD Prof Kopelman's evidence can not be relied upon. Judge Baraitser said Kopelman had misled the court.

CD: If an expert has misled the court, he has failed in his duty. Baraitser said it was an understandable human response & she found him impartial. But he misled her.

The totality of the reports don't suggest #Assange was as ill as claimed. Baraitser should have interrogated why Kopelman was willing to mislead her. Experts aren't allowed to mislead the court for any reason. What does "human response" even mean?

In the case of Kennedy vs Cordell (?), impartiality goes to admissibility and not to weight. Kopelman's testimony does not meet these standards.

Judge Holyrode: Are these grounds arguable?
CD: Yes. It's a balancing exercise. The weight given was wrong on a point of law and fact. Her conclusion was inconsistent with her observations.

CD: A court shouldn't have to determine the truthfulness of expert testimony, but in Kopelman's case the content was misleading. If we can appeal, I refer to an interview w/ Kopelman...

Judge Holyrode That would be heard during an eventual appeal.

CD I repeat that the magistrate erred and did give enough weight to contradictory expert evidence. Even defense expert witness did not agree entirely w/ Kopelman.

Judge: You wish his evidence to be reappraised?
CD: Yes

CD: On the matter of a cross appeal, shall we deal w/ that later
CD Yes

end of prosecution statement

Edward Fitzgerald: The HC judge Jonathan Swift said there was a point of law. He said some of Kopelman's evidence should be given little weight, but it was his report that counted.

EF: Baraitser acknowledged the criticism that could be made regarding Kopelman's 1st report, but overall, she said his report was dispassionate and objective.

Kopelman said he thought disclosure of family details would have an effect on their safety. This was not challenged

EF: Kopelman made it clear that his 1st report was only provisional, but he already says there is a close relationship & children, but it didn't prevent ideations of suicide.

#Assange disclosed his family relationship to the prosecution in March & April 2020.

EF: There is no tactical advantage to hiding the family relationship. The family was seriously under threat. There is evidence of surveillance, stealing the baby's nappy to determine paternity. Baraitser was aware of this.

EF Kopelman thought about the consequences of revealing @StellaMoris1's identity. Baraitser didn't question that there was surveillance. She only questioned who was doing it. Baraitser said she understood why Stella's name was not in the public domain.

EF: Baraitser said she did not find discrepancy between Kopelman's notes and final report. Sometimes he said #Assange was not suicidal. Other times he was. She heard denial of a report about a razor blade being found in #Assange's cell - and then saw it produced.

EF: Not disclosing @StellaMoris1's name was to protect her privacy & safety in a serious predicament. She said she had not felt misled at all. VB gave a series of detailed reasons why she found Kopelman's evidence admissible. You can't let one detail negate the lot.

Mrs Justice Farbey - It's a double lapse, isn't it? Kopelman did not lay out a full explanation in his 2nd report.

EF: Yes it would have been better if K had said there was something he couldn't disclose, but everything had changed. Family situation was common knowledge.

EF The prosecution can criticise Kopelman's methods, but not say Baraitser did not find clear evidence of mental illness and substantial (very high) risk of suicide. She explains why she preferred the evidence of Kopelman & Deeley. Baraitser accepted Deeley's diagnosis of ASD

EF: Baraitser understood that suicide would be a result of #Assange's mental disorder (of ASD & depression). Deeley said Assange's impulses fluctuated acc to circumstances, & Baraitser concluded that conditions in US prisons would be the trigger.

EF: Baraitser saw that Fazel did not offer a remedy for #Assange's suicidal impulses; nor did Blackwood, who thought him not that ill

Nothing was omitted from Baraitser's decision. Neither grounds 3 & 4 are reasonably arguable, because Baraitser carefully applied Turner criteria

EF: Baraitser's judgement on the potential of suicide is unassailable. She understood Deeley, especially regarding Aspergers making someone determined. Section 91 is about a mental disorder & the diagnosis is unarguable.

Mrs Justice Farbey: What about the points of truth.
EF: We accept Kopelman deferred disclosure of @StellaMoris1's identity, but support Baraitser's judgement of his overall assessment. It would be draconian & exclude valuable evidence to discount Kopelman.

Clair Dobbin: Reiterates they didn't know about the young children

Judge Holyrode: The appeal needs to be heard soon. 19-20 October from 2pm on the 19th or 27-28 are full days.

CD I don't know Mr Lewis's availability. Do you want to hear issues of cross appeal?

Judge Holyrode: Mr Fitzgerald has made some cross appeal submissions, but there is only this matter before the court today.

CD The matter needs 1st to be sent before the Secretary of State. We are concerned about a jurisdictional issue under Section 103.

EF Two days not enough if the prosecution wishes to introduces new evidence re Kopelman.
Can we have both slots?

JH: We'll check.

EF On the subject of cross appeal that's Mark Summers area & he is ill with covid.

JH Very sorry to hear that

JH Asking for written material from Clair Dobbin (partially inaudible). Anything else?

EF We may seek leave to submit evidence regarding assurances. Promises have not been kept re mentally and physically ill patients. We spoke of Abu Hamsa before but there are other examples.

Judge. Responding to EF asking to submit more evidence re US assurances
"We'll consider that".

We'll give our opinion at 2pm. Please come back then.

Court rise... Judges return talk dates

Judge Holyrode: Lists charges against #Assange, Baraitser's judgement and order of discharge... the US's grounds appeal heard by Justice Swift, where of 5, 1, 2 and 5 were granted. We have heard objections to being refused on grounds 3 & 4.

JH There will be an appeal. This court will not make any decision today on grounds 3 and 4 - medical findings and assurances from the US. That will be a decision of the Constitution of the Court.

Summarises what we have heard today.

Judge Holyrode going into detail of Kopelman's report & evidence given in court. Also on the question of his deferral of disclosure of @StellaMoris1's and why the prosecution objects to this.

Judge Holyrode detailing the prosecution's objections & the defense's arguments that Baraitser was not misled at trial. The question is whether Prof Kopelman was objective & whether the magistrate erred in her assessment.

Judge H It is unusual for a court of appeal to have to question the submission of an expert witness.
Reads the duties of an expert witness... Rule 19.9 states that an application must be made to the court for the exclusion of information. No such application was made

Judge Holyrode: The magistrate should not have overlooked the "human response" which entailed significant omission of information. I respectfully disagree with Justice Swift & give leave to appeal on grounds 3 & 4 if my lady (other judge) agrees.

A cross appeal can not be made for the moment. Dates given for hearing are 27th & 28th October. Skeleton arguments due 2 weeks before.

Small image of #Assange sitting cross-legged on chair, motionless.

end

Correction of typo. Of course Swift said there was NO point of law.