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Swedish court upholds arrest warrant for Wikileaks founder Julian Assange

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Sweden's court of appeal has upheld an arrest warrant for Julian Assange.

It refused appeals by Assange to set aside a detention order, and to hold a hearing in which he can present his defence against accusations of rape.

Suitcases being loaded into a truck outside the Ecuador's London embassy on Friday.
Suitcases being loaded into a truck outside the Ecuador's London embassy on Friday. Photo: Nick Miller

"The Court of Appeal finds that Julian Assange is still suspected on probable cause of rape… in Engkoping on 17 August 2010," the court found in a judgment published on Friday.

"There is still a risk that Julian Assange will flee or otherwise evade legal proceedings or a penalty."

WikiLeaks founder Julian Assange.
WikiLeaks founder Julian Assange. Photo: Getty Images

The court found there was a strong public interest in the investigation of the rape claim against Assange.

It acknowledged that his 'detention in absentia' at the Ecuadorian embassy has "lasted for a very long time and has resulted in various detrimental effects for Julian Assange".

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It took into account – but decided it was not bound by - a recent decision by a UN working group that Assange was being arbitrarily detained, against international law.

"Julian Assange cannot be deemed to be unable to leave the Embassy," the judgement said. "His stay, as such, is not to be regarded as an unlawful deprivation of liberty."

There was a strong public interest in moving the criminal investigation forward.

Earlier this week Swedish prosecutors confirmed they would interview Assange on October 17 at the Ecuadorian embassy.

Under a deal brokered by Ecuador, the questioning will be done by a prosecutor from Ecuador, but Swedish chief Prosecutor Ingrid Isgren and a police investigator from Sweden will also be present and will ask questions via the Ecuadorian.

After the interview the Swedish prosecutors will assess whether to pursue the investigation further.

There was a brief flurry of excitement among waiting media at the Ecuadorean embassy behind Harrods department store, where Assange has been living for more than four years.

A white truck pulled up and began loading suitcases from the embassy, prompting speculation Assange was moving out.

But after the decision from Stockholm was announced there was no sign of movement behind the embassy curtains.

On a grey, rainy morning even a freed Assange might have preferred to stay in with a cup of tea.