Assange: the untold story of an epic struffle for justice

Why hasn't she? More to the point, why won't she allow the Swedish court access to hundreds of SMS messages that the police extracted from the phone of one of the two women involved in the misconduct allegations? Why won't she hand them over to Assange's Swedish lawyers? She says she is not legally required to do so until a formal charge is laid and she has questioned him. Then, why doesn't she question him? And if she did question him, the conditions she would demand of him and his lawyers – that they could not challenge her – would make injustice a near certainty.

On a point of law, the Swedish Supreme Court has decided Ny can continue to obstruct on the vital issue of the SMS messages. This will now go to the European Court of Human Rights. What Ny fears is that the SMS messages will destroy her case against Assange. One of the messages makes clear that one of the women did not want any charges brought against Assange, "but the police were keen on getting a hold on him". She was "shocked" when they arrested him because she only "wanted him to take [an HIV] test". She "did not want to accuse JA of anything" and "it was the police who made up the charges". (In a witness statement, she is quoted as saying that she had been "railroaded by police and others around her".)

Neither woman claimed she had been raped. Indeed, both have denied they were raped and one of them has since tweeted, "I have not been raped." That they were manipulated by police and their wishes ignored is evident - whatever their lawyers might say now. Certainly, they are victims of a saga which blights the reputation of Sweden itself.

For Assange, his only trial has been trial by media. On August 20, 2010, the Swedish police opened a "rape investigation" and immediately - and unlawfully - told the Stockholm tabloids that there was a warrant for Assange's arrest for the "rape of two women". This was the news that went round the world.

In Washington, a smiling US Defence Secretary Robert Gates told reporters that the arrest "sounds like good news to me". Twitter accounts associated with the Pentagon described Assange as a "rapist" and a "fugitive".

Less than 24 hours later, the Stockholm Chief Prosecutor, Eva Finne, took over the investigation. She wasted no time in cancelling the arrest warrant, saying, "I don't believe there is any reason to suspect that he has committed rape." Four days later, she dismissed the rape investigation altogether, saying, "There is no suspicion of any crime whatsoever." The file was closed.

Enter Claes Borgstrom, a high profile politician in the Social Democratic Party then standing as a candidate in Sweden's imminent general election. Within days of the chief prosecutor's dismissal of the case, Borgstrom, a lawyer, announced to the media that he was representing the two women and had sought a different prosecutor in the city of Gothenberg. This was Marianne Ny, whom Borgstrom knew well, personally and politically.

On 30 August, Assange attended a police station in Stockholm voluntarily and answered all the questions put to him. He understood that was the end of the matter. Two days later, Ny announced she was re-opening the case. Borgstrom was asked by a Swedish reporter why the case was proceeding when it had already been dismissed, citing one of the women as saying she had not been raped. He replied, "Ah, but she is not a lawyer." Assange's Australian barrister, James Catlin, responded, "This is a laughing stock... it's as if they make it up as they go along."

On the day Marianne Ny reactivated the case, the head of Sweden's military intelligence service – which has the acronym MUST -- publicly denounced WikiLeaks in an article entitled "WikiLeaks [is] a threat to our soldiers." Assange was warned that the Swedish intelligence service, SAPO, had been told by its US counterparts that US-Sweden intelligence-sharing arrangements would be "cut off" if Sweden sheltered him.

For five weeks, Assange waited in Sweden for the new investigation to take its course. The Guardian was then on the brink of publishing the Iraq "War Logs", based on WikiLeaks' disclosures, which Assange was to oversee. His lawyer in Stockholm asked Ny if she had any objection to his leaving the country. She said he was free to leave.

Inexplicably, as soon as he left Sweden - at the height of media and public interest in the WikiLeaks disclosures - Ny issued a European Arrest Warrant and an Interpol "red alert" normally used for terrorists and dangerous criminals. Put out in five languages around the world, it ensured a media frenzy.

Assange attended a police station in London, was arrested and spent ten days in Wandsworth Prison, in solitary confinement. Released on £340,000 bail, he was electronically tagged, required to report to police daily and placed under virtual house arrest while his case began its long journey to the Supreme Court. He still had not been charged with any offence. His lawyers repeated his offer to be questioned by Ny in London, pointing out that she had given him permission to leave Sweden. They suggested a special facility at Scotland Yard commonly used for that purpose. She refused.