WikiLeaks

by Harding, Luke

  Several of the broadcasters outside court were also bemused by the celebrities’ spontaneous appearance. When the grey-haired Loach emerged from court, reporters from CNN, broadcasting live, had no idea who he was. “Who was that gentleman? It may be Julian Assange’s attorney; we’re trying to find out,” the stumped CNN anchor said. Jemima Goldsmith’s attendance was even more bizarre. Goldsmith admitted she didn’t know Assange, but said she was offering support for him because of her backing for freedom of speech. This cause had not been one that appealed much to her late father, James Goldsmith, an eccentric right-wing billionaire with a fondness for making libel threats.

  For some of Assange’s supporters, the series of extradition and bail proceedings brought by Sweden seemed proof of the US conspiracy. Assange’s lawyer Mark Stephens hinted as much afterwards on the steps of the court. Having compared the Swedish prosecutor Marianne Ny to the murderous Soviet ogre Lavrentiy Beria, Stephens dismissed the sex allegations as “very thin indeed”. He was subsequently to assert that Assange was being imprisoned in the very same cell once occupied by the 19th-century playwright Oscar Wilde, who had been martyred for his sexuality. The homosexual Wilde was later shipped on to a second prison where he wrote his famous Ballad of Reading Gaol. Stephens said many people believed the charges against Assange to be politically motivated. He also referred to a “honeytrap”, implying that Assange had been set up. Assange himself fulminated about what he called the unseen constellation of interests – personal, domestic and foreign – he felt were driving the case forward. The judge’s refusal to grant bail provoked a swirl of more or less ill-informed online outrage.

  In the eyes of critics, Assange’s team was embarking on a PR strategy. The effect was to elide Assange’s struggle to bring governments to account (which was a good thing) with allegations of sexual misconduct (which were an entirely separate matter for the courts). Over the ensuing months, these two unrelated issues – the universal principle of freedom of speech, and Assange’s personal struggle to prevent extradition to Sweden – would become entangled. This blurring may have served Assange’s interests. But the talk of honeytraps had a nasty air: it fuelled a global campaign of vilification against the two complaining Swedish women, whose identities rapidly became known around the world.

  In Wandsworth, Assange did his best to adjust to his new life as an inmate. He had been remanded in custody for a week. For a man used to spending 16 hours a day in front of a laptop, the underground corridors and clanking Victorian cells must have been a distressing experience. His legal team went away hoping to devise a more successful line of attack. Their job was to get Assange out of jail as soon as possible, certainly in time for Christmas.

  Assange’s fame had reached what seemed like galactic proportions by the time of his second appearance in court on 14 December, when a maverick member of the British establishment was at last to ride to his rescue. The crowd outside Westminster court had grown even bigger, with the first reporters setting up their equipment at dawn. Obtaining a pass for the hearing was a bit like getting hold of one of Willy Wonka’s golden tickets; the usual humour and tribal solidarity among journalists gave away to flagrant pushing in and shoving. The court was overflowing by the time Assange – flanked by two private Serco company prison guards – was escorted into the glass-fronted dock. He gave a thumbs-up sign to Kristinn Hrafnsson, his faithful lieutenant. But for the rest of the hearing he sat quietly.

  Gemma Lindfield, acting for the Swedish authorities, set out the charges once again. She concluded: “He [Assange] remains a significant flight risk.” It was then the turn of Geoffrey Robertson QC, the prominent human rights lawyer and Assange’s newly hired Australian-born barrister. Standing to address the judge, Robertson began seductively. In melodious tones he described the WikiLeaks founder as a “free-speech philosopher and lecturer”. The idea that he would try and escape was preposterous, he said. Robertson announced that Vaughan Smith of the Frontline Club, Assange’s previous secret hideout host throughout November, was willing to take responsibility for his good behaviour. “Captain Smith”, as Robertson winningly described him, was prepared to house Assange once again up at Ellingham Hall in Norfolk, should the judge agree to give him bail.

  The WikiLeaks arrest saga had so far been short of jokes. But Robertson had one ready-made. It would not be so much “house arrest as mansion arrest”, he quipped. Not only that, but it was inconceivable Assange would attempt to escape “since darkness descends rather early in that area of Britain”. Additionally, Assange was willing to give up his Australian passport and wear an electronic tag. Finally, he wasn’t likely to get very far given that “media exposure” had made him “well-known around the world”.

  Robertson invited Smith to give his own assessment of WikiLeaks’ controversial founder. “He is a very honourable person, hugely courageous, self-deprecatory and warm. Not the kind of things you read about,” Captain Smith said, loyally.

  After establishing that Smith was a former Guards officer and one-time captain of the British army’s shooting team, the QC asked for details of Smith’s family home. That, it appeared, was the clincher. “It has 10 bedrooms and 60 acres.” Better still, there was even a police station. “It’s a short distance on a bicycle. I can cycle it in about 15 minutes … It’s about a mile. Perhaps a little bit more.” Smith added helpfully: “It’s an environment where he would be surrounded. We have members of staff. My parents live in proximity as well. My father was a Queen’s Messenger and a colonel in the Grenadier Guards. He patrols the estate.” Smith added that his housekeeper, too, could keep a beady eye on the Australian: “My staff will be reporting to me, sir.”

  If the judge had class instincts, there could hardly have been a more pitch-perfect appeal. The prosecution had by this stage also conceded that Assange had arrived legitimately in Britain from Sweden on 27 September. Outside the crowded courtroom, celebrity supporters had gathered on the second floor next to the coffee machine. Pilger, Goldsmith and Loach were there again – Bianca Jagger had successfully got herself a courtoom seat. Jagger later told friends that women fans had been a similar problem for her rock star ex-husband. “It was much worse with Mick. When you are world-famous other women throw themselves at you,” she mused. Despite their show of support, the celebrities’ presence was much less crucial than their money. All had offered to provide sureties of £20,000.

  Inside the courtroom, Robertson moved to paint a picture of Assange’s time in prison. His conditions inside Wandsworth were a pure living hell: “He can’t read any newspapers other than the Daily Express! This is the kind of Victorian situation he finds himself in.” He went on: “Time magazine sent him a magazine with his picture on the cover but all they would allow him to have was the envelope!”

  The judge announced that, after all, bail would be “granted under certain conditions”. These turned out to be relatively onerous: an electronic tag, an afternoon and night curfew, and a requirement to report to Bungay police station near Ellingham between 6pm and 8pm every evening. Oh, and £200,000 in cash. Assange’s lawyers asked if the court would take cheques. No. It would have to be money up front.

  The news – communicated via Twitter, of course – of Assange’s bail brought a loud cheer from the 150 people who had gathered opposite the court to cheer on their hero and brandish their banners and placards to the world. One read: “Sex crimes – my arse!” Another: “That’s just what we need – another innocent man in jail”. And a third: “Sweden: muppets of the US”. Three young activists were so thrilled they broke into an impromptu chorus of We Wish You a Leaky Christmas.

  Their jubilation was premature. Lindfield and the Crown Prosecution Service predictably appealed the judge’s decision up to the high court, leaving Assange still temporarily jailed. But in the dock, he seemed in good spirits. As the warders led him away, he managed a thumbs up for the dusky-haired Turkish TV reporter sitting in the gallery. She boasted: “I had an exclusive interview with him a mon
th ago.”

  Two days later, on 16 December, all gathered again at the Royal Courts of Justice in the Strand, for Assange’s third hearing. Outside court number four a queue of journalists waited in a more orderly line than before, drinking coffee and leafing through the morning papers. Among them was a group of Australian reporters, who in nasal tones lamented their country’s overnight collapse at the hands of England in the Ashes. But Assange’s own prospects were looking brighter. At 11.30am Mr Justice Ouseley strode into a courtroom decorated with leather-bound legal tomes and portentous Gothic wood panelling.

  The judge’s first concern wasn’t Assange but the fourth estate – specifically the international journalists sitting on the packed wooden benches in front of him. Several were already playing furtively with their BlackBerry handhelds. They were micro-blogging the hearing live to the outside world. Mr Justice Ouseley made clear that tweeting – although allowed by Howard Riddle two days earlier in Assange’s previous hearing – would not take place in the high court. Twitter was banned, he said. Immediately, several journalists tweeted his ruling. It was probably the quickest contempt of court in the history of justice.

  Lindfield reprised the allegations. She warned that if Assange was bailed he might not flee the country but simply vanish in the UK. The judge appeared unconvinced. He seemed to accept the claim that the Stockholm prosecutor had originally decided there was no case to answer, before a second prosecutor agreed to pursue the allegations. “The history of the way it was dealt with by the Swedish prosecutor would give Mr Assange some basis that he might be acquitted following a trial.” For Assange, sitting in the dock behind ornate bars, this was encouraging stuff.

  Robertson got to his feet again. Next to him were several of Assange’s supporters – Smith, Loach, Pilger and the Marchioness of Worcester, a former actress turned eco-activist. In the third row sat Assange’s frizzy-haired mother, Christine, who had been brought from Australia. Robertson declared it was sheer speculation that Assange would try and abscond, or that his wealthy supporters would spring him from Britain.

  “Is it really suggested that Mr Michael Moore is going to slip through customs wearing a baseball hat, go to Norfolk in the middle of the night and plan to transport this gentleman we know not where?”

  It was ridiculous to describe Assange as “some kind of Houdini figure”. Even if Assange did attempt to bolt from Ellingham Hall he wouldn’t get far, what with the “gamekeepers looking after him and Mr Smith”. Robertson claimed Assange had co-operated with Swedish investigators. He also defined three categories of rape under Swedish law: gross rape – four to 10 years in prison; ordinary rape – two to six; and minor rape – up to a maximum of four years. Assange had been charged with minor rape, he said. If convicted he was likely to get “eight to 12 months, with two-thirds off for good behaviour”.

  The judge said he was concerned that some of Assange’s supporters might think going into hiding was a “legitimate response” to his predicament. “I’m troubled by the extent to which support [for Assange] is based on support for WikiLeaks.” But shortly before lunch, Mr Justice Ouseley decided Assange could return to Ellingham Hall. He upheld the decision by the City of Westminster magistrates court to grant bail. But he also warned him that he was likely to be sent back to Sweden at the end of his two-day extradition hearing, set for 7-8 February 2011.

  The judge imposed strict conditions. (It emerged that the nearest police station to Smith’s estate, in the town of Bungay, had permanently closed. Assange would have to report instead to Beccles, where the station was open only in the afternoon – and not at all over Christmas and the new year.) The bail conditions were a £200,000 cash deposit, with a further £40,000 guaranteed in two sureties.

  Over the next few hours the race was on to get Assange’s guarantors to deliver the cash, without which Assange was going to spend another night back in Wandsworth. His legal team proposed five new sureties: the distinguished retired investigative journalist and author of The First Casualty, Sir Philip Knightley; millionaire magazine publisher Felix Dennis; Nobel prize winner Sir John Sulston; former Labour minister and chairman of Faber & Faber publishing house Lord Matthew Evans; and Professor Patricia David, a retired educationalist.

  The WikiLeaks team spilled out of the Gothic architecture of the British court in high spirits. Vaughan Smith promised Assange a rustic dinner of stew and dumplings, and said there was no prospect he would escape from his Norfolk manor: “He isn’t good at map reading. He’s very topographically unaware. If he runs off into the woods I will find him.” Kristinn Hrafnsson, Assange’s lieutenant, also welcomed the release: “I’m delighted by this decision. It will be excellent to have Julian back with us again.” But it was Pilger who articulated the deeper worry among Assange’s supporters: that the US would charge him with espionage. Pilger, who had been rejected by the judge as a surety because he was “another peripatetic Australian”, hailed the grant of bail as “a glimpse of British justice”. But he went on: “I think we should be looking not so much to the extradition to Sweden but to the US. It’s the great unspoken in this case. The spectre we are all aware of is that he might end up in some maximum security prison in the US. That is a real possibility.”

  Just before close of play, the bail conditions were met. At 5.48pm Assange emerged on to the steps of the high court into the flash-flare of TV cameras and photographers – clutching his bail papers, his right arm raised in triumph. There were whoops and cheers from his supporters. He had been in prison a mere nine days. But the atmosphere was as if he was had made the long walk to freedom, just like Nelson Mandela. Assange addressed the crowd:

  It’s great to smell [the] fresh air of London again … First, some thank-yous. To all the people around the world who had faith in me, who have supported my team while I have been away. To my lawyers, who have put up a brave and ultimately successful fight, to our sureties and people who have provided money in the face of great difficulty and aversion. And to members of the press who are not all taken in and considered to look deeper in their work. And, I guess, finally, to the British justice system itself, where if justice is not always the outcome at least it is not dead yet.

  During my time in solitary confinement in the bottom of a Victorian prison I had time to reflect on the conditions of those people around the world also in solitary confinement, also on remand, in conditions that are more difficult than those faced by me. Those people need your attention and support. And with that I hope to continue my work and continue to protest my innocence in this matter and to reveal, as we get it, which we have not yet, the evidence from these allegations. Thank you.

  It was a strange little speech, executed in curiously looping phrases and odd syntax. But as a piece of TV theatre it was perfect – with Assange identifying himself with freedom and justice, while expressing a virtuous concern for his fellow man. His lawyers standing to his side – Robertson, Robinson, and Stephens – seemed to be trying to radiate both solemnity and delight. In the long run, the court’s decision was unlikely to change much: Assange had yet to confront his accusers in Sweden; the prospect of extradition to the US loomed like a dark ghost. But for the moment Assange and WikiLeaks were back in business.

  He swept out of the court in Smith’s old armour-plated Land Rover, originally driven by him all the way back from Bosnia and more usually parked – sometimes with a flat tyre – outside the Frontline Club. With snow beginning to fall, the Guards officer and the internet subversive set off together on the latest step of their big adventure. For Smith there had previously been the Balkans and Iraq and the mountains of central Afghanistan, where the temperatures fall below freezing at night. This was something new, which also had several ingredients in common with wars and war reporting. There was adrenaline, lots of it. There was a sense of living for the moment. But, above all, there was uncertainty. Nobody quite knew what would happen next.

  CHAPTER 18

  The future of WikiLeaks

  Elli
ngham Hall, Norfolk, England

  Christmas 2010

  “Julian is a spectacular showman for the youngsters of the internet era who are disgusted with the seniors”

  JOHN YOUNG, CRYPTOME.ORG, 15 JULY 2010

  Sitting in the kitchen of his temporary country home with the Guardian’s Ian Katz and Luke Harding, Assange contemplated the uncertain long-term future of WikiLeaks. He was looking better – still somewhat wrung out after his brief ordeal in Wandsworth prison, but cheerful and composed. It was a pleasant English scene: stilton cheese and fruitcake were on the table; two female kitchen workers were chopping up beef for dinner; his host Vaughan Smith’s father was once more protectively prowling the grounds with his rifle and deerstalker hat; and sacks full of Christmas cards and fan mail for Assange were arriving daily for the mantelpiece.

  But anxiety was never far away. The previous night, yet another grandstanding commentator on Fox News had called for Assange’s death. “It’s quite dangerous actually. I’m known to be in a particular place at a particular time,” he said, casting a glance out of the window and across the estate. He had been thinking about how he would handle life in an American jail if they ever sought to extradite him: “I would … have a high chance of being killed in the US prison system, Jack Ruby style, given the continual calls for my murder by senior and influential US politicians.”

  Even in his moments of gloom, Assange could not resist painting himself on a canvas of historical importance: in 1963 Jack Ruby shot to death Lee Harvey Oswald, days after Oswald was arrested for the assassination of President John F Kennedy. Many people at the time thought Oswald had to be silenced, because he Knew Too Much.