Mark Summers

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Person.png Mark Summers QC LinkedInRdf-entity.pngRdf-icon.png
(barrister)
Mark Summers.jpg
Alma materUniversity of Exeter

Mark Summers is a barrister at Matrix Chambers specialising in crime and international criminal law, focusing on extradition and mutual legal assistance, cases concerning anti-terrorism law, complex cross border and jurisdictional issues, international and EU law.

Mark Summers is a committee member, and former Chair, of the Extradition Lawyers’ Association.[1]

Assange extradition

Craig Murray reports:

On 8 September 2020, I was in court to report Mark Summers QC addressing the question of these new superseding charges:[2]

The court resumed with a new defence application, led by Mark Summers QC, about the new charges from the US government's new superseding indictment. Summers took the court back over the history of this extradition hearing. The first indictment had been drawn up in March of 2018. In January 2019 a provisional request for extradition had been made, which had been implemented in April of 2019 on Assange’s removal from the Embassy. In June 2019 this was replaced by the full request with a new, second indictment which had been the basis of these proceedings before today. A whole series of hearings had taken place on the basis of that second indictment.

The new superseding indictment dated from 20 June 2020. In February and May 2020 the US government had allowed hearings to go ahead on the basis of the second indictment, giving no warning, even though they must by that stage have known the new superseding indictment was coming. They had given neither explanation nor apology for this.

The defence had not been properly informed of the superseding indictment, and indeed had learnt of its existence only through a US government press release on 20 June. It had not finally been officially served in these proceedings until 29 July, just six weeks ago. At first, it had not been clear how the superseding indictment would affect the charges, as the US government was briefing it made no difference but just gave additional detail. But on 21 August 2020, not before, it finally became clear in new US government submissions that the charges themselves had been changed.

There were now new charges that were standalone and did not depend on the earlier allegations. Even if the 18 Manning related charges were rejected, these new allegations could still form grounds for extradition. These new allegations included encouraging the stealing of data from a bank and from the government of Iceland, passing information on tracking police vehicles, and hacking the computers both of individuals and of a security company.

“How much of this newly alleged material is criminal is anybody’s guess”, stated Summers, going on to explain that it was not at all clear that an Australian giving advice from outwith Iceland to someone in Iceland on how to crack a code, was actually criminal if it occurred in the UK. This was even without considering the test of dual criminality in the US also, which had to be passed before the conduct was subject to extradition.

It was unthinkable that allegations of this magnitude would be the subject of a Part 2 extradition hearing within six weeks if they were submitted as a new case. Plainly that did not give the defence time to prepare, or to line up witnesses to these new charges. Among the issues relating to these new charges the defence would wish to address, were that some were not criminal, some were out of time limitation, some had already been charged in other fora (including Southwark Crown Court and courts in the USA).

There were also important questions to be asked about the origins of some of these charges and the dubious nature of the witnesses. In particular the witness identified as “teenager” was the same person identified as “Iceland 1” in the previous indictment. That indictment had contained a “health warning” over this witness given by the US Department of Justice. This new indictment removed that warning. But the fact was, this witness is Sigurdur Thordarson, who had been convicted in Iceland in relation to these events of fraud, theft, stealing Wikileaks money and material and impersonating Julian Assange.

The indictment did not state that the FBI had been “kicked out of Iceland for trying to use Thordarson to frame Assange”, stated Summers baldly.

Summers said all these matters should be ventilated in these hearings if the new charges were to be heard, but the defence simply did not have time to prepare its answers or its witnesses in the brief six weeks it had since receiving them, even setting aside the extreme problems of contact with Assange in the conditions in which he was being held in Belmarsh Prison.

The defence would plainly need time to prepare answers to these new charges, but it would plainly be unfair to keep Assange in jail for the months that would take. The defence therefore suggested that these new charges should be excised from the conduct to be considered by the court, and they should go ahead with the evidence on criminal behaviour confined to what conduct had previously been alleged.

Summers argued it was “entirely unfair” to add what were in law new and separate criminal allegations, at short notice and “entirely without warning and not giving the defence time to respond to it. What is happening here is abnormal, unfair and liable to create real injustice if allowed to continue.”

The arguments submitted by the prosecution now rested on these brand new allegations. For example, the prosecution now countered the arguments on the rights of whistleblowers and the necessity of revealing war crimes by stating that there can have been no such necessity to hack into a bank in Iceland.

Summers concluded that the “case should be confined to that conduct which the American government had seen fit to allege in the eighteen months of the case” before their second new indictment.

Baraitser's refusal

Baraitser refused to rule out the new charges, and then did rule out the immediate defence request for an adjournment to give them time to respond to the new charges. At the end of the hearings she refused to accept the Gareth Peirce affidavit explaining why the defence was unable to respond. The court had by then spent nearly a month listening to witnesses refuting the first superseding indictment, as prepared by the defence, but nothing addressing the second superseding indictment.

Summers was absolutely furious when Baraitser refused to accept Peirce’s affidavit on the subject, to the extent he was still explosive in the street outside after the hearings had concluded.[3]

 

Related Document

TitleTypePublication dateAuthor(s)Description
Document:FBI Fabrication Against Assange Falls Apartblog post29 June 2021Craig MurrayThe revelation that Sigi Thordarson’s allegations are fabricated – which everyone knew already, Vanessa Baraitser just pretended she didn’t – is just one more illegality that the Establishment will shimmy over in its continued persecution of Julian Assange.


References