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The Conduct of Marianne Ny
Would anyone else still be in office? For how long?
GOTHENBURG (Rixstep) — Had any other prosecutor (or member of the Swedish bar association for that matter) done what Marianne Ny has done - at least in the Assange case - then disbarment (and a forced and hasty exit from office) would have been the result. But Marianne Ny is allowed to continue, and is even backed up by members of the legal and political establishment. Why?
Following is a shortlist of Marianne Ny's 'breaches' / 'errors' / 'transgressions' / 'acts of negligence'.
- Reopening a closed investigation.
This isn't illegal, but it's certainly extraordinary, and it presupposes that a new prosecutor's found new evidence the old prosecutor (who closed the case) didn't have. So let's review the Assange case.
Prosecutor #1 - Maria Häljebo Kjellstrand.
She issued an in absentia warrant on hearsay alone. She'd seen nothing at all. Testimony? Nope. Spoken to witnesses? Nope. Nothing. Press rep Karin Rosander lied the following day when she told AJE that Kjellstrand had seen 'case materials' - Kjellstrand had not seen shit. There was a single interrogation underway at the time Kjellstrand issued the warrant - that of SW - but it wasn't completed, and was in fact aborted when SW found out what Kjellstrand was up to.
SW told her friends she was 'railroaded' and 'the police made it up'. Worse still: Kjellstrand went on to blurt it all to a tabloid, and even offer them more information than they had. Legally a prosecutor is not even allowed to confirm or deny - the only response must be 'no comment'. That's Prosecutor #1.
Prosecutor #2 - the universally respected, incredibly sharp Eva Finné. She pissed Claes Borgström off by starting the avalanche that became the unraveling of the 'Quick' scandal. Borgström was at the centre, up to his lying teeth. Finné was the one who started the ball rolling, which ultimately led to the fall of Borgström's dodgy star.
Finné was asked to look into the mess Kjellstrand had created, and was chosen because, as far as prosecutors go, the country has no sharper. Asking Finné to look into the case was perfectly 'legit', as there was new 'evidence' - Kjellstrand didn't see a thing. But now Finné had new evidence - she was the first actually. She could see SW's testimony - it was sent to her summer cottage on that Saturday by messenger. Finné read the file and by 16:48 the same evening announced that she'd come to the conclusion that no crime had been committed. She very much believed SW's story, but nothing in SW's story constituted a crime of any sort.
Prosecutor #3 - Marianne Ny. Where does Marianne Ny come from? Is there new evidence? No there is not. It's Claes Borgström who's asked her to reopen the case. Claes Borgström's the one who doctored SW's testimony and caused all those legal problems with police procedure because you're not supposed to doctor people's testimony!
Neither AA nor SW even knew you could reopen a closed case, but Claes Borgström did. And he knew Marianne Ny. Because he and she had worked together on new legislation that was supposed to make all sex illegal. So Claes gave Marianne a bell...
But what justification did Marianne Ny have for reopening the case? We've all seen the police files; there's nothing there...
Marianne Ny officially reopened the case on 1 September. And on 1 September Marianne Ny didn't have shit. She had nothing. So was Marianne Ny saying Eva Finné was wrong? Eva Finné - the sharpest prosecutor in the land? She wouldn't dare. Marianne Ny had no justification for reopening the case. None. But she did so anyway. Strike One already on her very first day. The case should never have gone to her, never been reopened. Period.
[There's also the matter of who contacted Borgström, and why, and when Borgström contacted Ny. There are significant anomalies there.]
- Not questioning the suspect in immediate proximity to the alleged 'crime'.
Julian Assange couldn't get a word in. And he stayed on in Sweden for five weeks, trusting Swedish justice and Marianne Ny. He still hasn't been questioned.
- Waiting until Julian Assange was on his way out of the country before issuing a secret warrant for his arrest.
All the while assuring Assange's lawyer that there was nothing foul afoot. Marianne Ny timed her secret warrant whilst Julian Assange was in transit to the airport. And why issue a warrant if it's to be kept secret - even from the police? That warrant would otherwise have prevented Assange from leaving the country. Marianne Ny evidently wanted Assange out of the country. Why? This is the behaviour of a responsible prosecutor?
- Lying to both domestic and global media on repeated occasions.
Here she was backed up by Carl Bildt and his foreign office. She also kept two distinct stories going about the 'legal process', one for Britain and one for Sweden. For Sweden, as most Swedes are familiar with how those things work, she admitted that she had not brought charges against Assange; for an unknowing Britain, she repeatedly hinted that she had. And several notes in the British court records indicate the UK magistrates were fooled by this. Today, the UK will not - repeat not - extradite anyone on such flimsy grounds.
- Insisting Julian Assange not be granted bail.
This in December 2010. She lost here, but she gave it her best. A former Swedish magistrate said Marianne Ny was trying to persecute Assange, trying to 'soften him up'. Julian was let out of Wandsworth after ten days on an ultimately successful appeal.
- Lying about the terms of Assange's return in October 2010.
Marianne Ny had told Assange's lawyer that things were 'chill', that his client could return in October with no apprehension. As we know today, because Assange's lawyer reported this to the district court, and was backed up by Marianne Ny's assistant Erika Lejnefors, Marianne Ny plotted to have Assange arrested at his speaking venue in Stockholm.
- Trying to stop the UK Supreme Court from giving Julian Assange the customary fortnight before extradition.
This is purportedly what got Julian to finally remove all remaining doubt about the secret agenda of Marianne Ny - and thereby lose all faith in the Swedish justice 'apparatus'.
- Blankly refusing over thirty (30) formal requests by Assange to make a statement and be interrogated.
No further comment necessary.
- Shunning Eva Joly on her visit to Sweden.
Eva Joly is a world-famous anti-corruption jurist who exposed the massive Elf Aquitaine scandal, who helped Iceland unravel their own corruption, who worked in Afghanistan on anti-corruption, and who was named by Reader's Digest in 2002 as 'European of the Year'. Eva came to Sweden to meet with Marianne Ny, to help move the Assange case forward; Ny refused to even meet her.
- Turning a deaf ear to hundreds of human rights organisations, including Amnesty International.
An earlier AI declaration of support for Assange was sabotaged by a covert agent of Sweden's secret police.
- Dissembling before her own supreme court about her intentions to interview Assange.
She succeeded in duping her boss, Prosecutor-General Anders Perklev, as well. But as history shows, Marianne Ny intentionally sabotaged the planned interview in the summer of 2015. To make matters even worse for herself, she declared a media blackout, then gave the tabloid Expressen the information withheld from all the other media, so they could call up a photographer from Paris to record the event, this according to the photographer himself, who spoke with Marianne Ny on the phone from the steps of the Ecuador Embassy.
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