The United States government has won the latest round in its High Court bid to appeal against the decision not to extradite Julian Assange on espionage charges.
Mr Assange (50) is wanted in America on allegations of a conspiracy to obtain and disclose national defence information following WikiLeaks’ publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars. District Judge Vanessa Baraitser ruled in January that Mr Assange should not be sent to the US, citing a real risk of suicide.
The US government was previously given permission to appeal against her ruling on three grounds, including that it was wrong in law.
Yesterday, the US made a bid at the High Court to expand these grounds.
The US authorities said they should be allowed to argue two further points – that the district judge was wrong in how she assessed evidence about Mr Assange’s risk of suicide and also appeal the use of evidence from a psychiatrist who they said “misled” the court.
Lord Justice Holroyde ruled in favour of the US authorities after he found the two points were “at least arguable” at the main appeal, which will take place over two days – on October 27 and 28.
The WikiLeaks founder appeared at the hearing by video-link from Belmarsh Prison.
Dozens of his supporters, including his partner Stella Moris, gathered outside the Royal Courts of Justice, chanting and waving signs.
Former British Labour leader Jeremy Corbyn was also seen telling supporters that the US government should “wind their necks in”.
Clair Dobbin QC, for the US said part of the US government’s appeal will focus on the requirement in law that an individual must be “so ill” that they are unable to resist suicide for a decision to be taken not to prosecute – or in Assange’s case, extradite.
Ms Dobbin argued that Mr Assange’s psychiatric expert “misled” Judge Baraitser during the original extradition proceedings by “concealing” the fact that Mr Assange had fathered two children during his time in the Ecuadorian embassy until March 2020, when he “chose to deploy that information in support of his bail application”.
If Mr Assange is extradited, the US has said it would consent to him being transferred to Australia to serve any prison sentence he may be given.