High Court delays Julian Assange verdict until May

Judges have adjourned their decision and asked the US, which wants to charge the WikiLeaks founder for espionage, for assurances.

Julian Assange faces a further wait to find out whether he can bring an appeal against his extradition to the United States after judges at the High Court adjourned their decision.

There was hope in the Australian WikiLeaks founder’s camp that he will get one final appeal in England to challenge extradition to the United States on espionage charges.

Two senior judges, Dame Victoria Sharp and Mr Justice Johnson, will adjourn their decision until mid May when Assange will know whether his long legal battle will end.

If he fails to win the right to appeal, his legal team fears he could be swiftly sent to the US to face charges, though they’re likely to ask the European Court of Human Rights to block any transfer.

According to the ruling, a decision on the appeal has been adjourned to May 20.

Police officers stand guard as supporters of WikiLeaks founder Julian Assange hold placards outside The Royal Courts of Justice, Britain's High Court, in central London. Picture: AFP

The High Court in London said it would give the US government three weeks to give assurances Assange could rely on the First Amendment to the US constitution (which protects free speech).

It seeks assurances Assange would not be prejudiced at trial or sentence by reason of his Australian nationality; nor would he be sentenced to death if convicted.

“If those assurances are not given, then leave to appeal will be given and there will then be an appeal hearing,” a summary of the judgment said.

The decision means Assange will not be extradited immediately.

However, judges dismissed some grounds of the application to appeal, including Assange’s arguments he was prosecuted because of his political opinions.

WikiLeaks founder Julian Assange being driven out of Southwark Crown Court in London in May 2019. Picture: AFP

US prosecutors want to put Australian born Assange, 52, on trial on criminal charges relating to the high-profile release of thousands of classified US military records and diplomatic cables.

The prosecutors say the leaks put lives of their agents at risk and requested his extradition to the US on espionage charges for publishing confidential documents related to the Afghanistan and Iraq wars 14 years ago.

Had Assange been denied the reprieve he could have been extradited within days to face espionage charges in the US.

The two judges said in their 66-page Judgement that his legal team showed he had an arguable case and should be given the opportunity to make it at a full appeal hearing in May.

The judges want assurances that Assange could rely on the First Amendment to the US constitution (which protects free speech) and that he would not be prejudiced at trial or sentence by reason of his Australian nationality, or sentenced to death if convicted.

“If those assurances are not given, then leave to appeal will be given and there will then be an appeal hearing,” a summary of the judgment said.

The judges however dismissed some grounds of the application to appeal, including Assange’s arguments that he was prosecuted because of his political opinions.

Stella Assange, the wife of Julian Assange prepares to speak to the media outside the Royal Courts of Justice after a decision on Julian Assange's extradition appeal has been adjourned to May 20. Picture: Leon Neal/Getty Images

Outside the court Assange’s wife and staunch supporter Stella said she was “astounded” by the court’s decision to delay his appeal saying he had been held in Belmarsh prison for almost five years without charge.

“The Judgement highlights that Julian remains exposed to the death penalty,” Ms Assange said.

“Yet what the courts have done is to invite a political intervention from the US, I find this astounding.

Ms Assange told the crowd outside that her husband “is a political prisoner”.

“He is a journalist and he is being persecuted because he exposed the true cost of war in human lives,” she said.

She called on the Biden government not to submit the assurances and end the case.

“This case is a warning to anyone who exposes the interests that are driving war that they will come after you”.

“This is a shame on every democracy.

“Free Julian! I ask everyone to rally behind him,” she said.

The decision follows two days of hearings during which a panel of two high court judges considered Assange's final application to appeal against the extradition order approved by then-Home Secretary Priti Patel in June 2022. Picture: Leon Neal/Getty Images

Assange’s supporters have heralded him a hero of journalism who is being prosecuted for exposing U.S. wrongdoing.

Britain agreed to his extradition in 2022, and he has since been trying to overturn it from his cell in Belmarsh Prison in London.

His first attempt to appeal against the transfer was rejected, prompting a two-day hearing last month when his lawyers sought to overturn the ruling.

Last month he failed to appear at his appeal hearing at the Royal Courts of Justice with his lawyer saying he was too ill even to make an appearance via video link.

The US government has reportedly been considering a plea deal to allow Assange to admit to a misdemeanour in return for freedom, but his lawyers say they have been “given no indication” of Washington’s plan.

The US Justice Department is said to be looking at how to shorten his long London court battle with a plan for him to ditch the 18 charges under the Espionage Act in return for him entering a guilty plea to mishandling classified documents, a misdemeanour offence.

Assange has reportedly been given the option to enter the plea from Belmarsh in return for being set free soon after the deal was agreed.