British computer expert Gary McKinnon today lost his latest High Court bid to avoid extradition to America where he faces trial for hacking into U.S. military networks.
His lawyers argued that extraditing the 43-year-old, who suffers from Asperger’s Syndrome, would lead to ‘disastrous consequences’ for his health, including possible psychosis and suicide.
But today Lord Justice Stanley Burnton and Mr Justice Wilkie, sitting in London, dismissed his claim for judicial review.
Mr McKinnon, from Wood Green, north London, asked the court to overturn decisions of successive Home Secretaries allowing his extradition to go ahead.
He also challenged a refusal by Keir Starmer QC, the Director of Public Prosecutions (DPP), to put him on trial in the UK on charges of computer misuse. UK trial would allow him to avoid extradition.
Lord Justice Burnton said: “For the reasons set out in the judgment the claims against the secretary of state and DPP are dismissed.”
His mother, Janis Sharp, said outside court: “We are heartbroken. If the law says it’s fair to destroy someone’s life in this way then it’s a bad law.”
She added: “Our hope still lies with the Government. What more evidence do Gordon Brown and Alan Johnson need to understand what extraditing Gary would do to him, let alone us?
“Gary would not survive and I would never see my son again. All to oblige the Americans?
“If Gary’s was such a dreadful crime, he should have been prosecuted and sentenced here years ago.
“Instead he’s been left tortured by fear for seven years. Compassion can and must now prevail.”
Lawyers for Mr McKinnon, who was told the decision yesterday, described him as an ‘UFO eccentric’ who had been searching for evidence of extra-terrestrial life, and described the idea that he was a danger to U.S. national security as ‘a complete fantasy’.
Karen Todner, Mr McKinnon’s solicitor, said: “This ruling is hugely disappointing. But we shall not stop here.
“Alan Johnson still has the power to act. We have 28 days to review the judgment and will continue to explore every legal avenue until we achieve a just and proper result.”
A large campaign involving family, politicians, civil rights groups, sympathetic media and celebrities has supported the hacker’s long battle against extradition.
A raft of leading politicians, including David Cameron and Liberal Democrat Leader, Nick Clegg along with many high-profile celebrities are backing the fight to stop his extradition on ‘cyber-terrorism’ charges.
Former Liberal Democrat Leader, Sir Menzies Campbell said: “This is a profoundly disappointing decision.
“The people who should hang their heads in shame are the members of the Government who negotiated an extradition treaty with the United States which places British citizens in a much weaker position than their American counterparts.
“If this was happening in America there would be a public outcry and Congress would be moving might and main to prevent it.”
Last week respected Labour MP Andrew Mackinlay announced he was quitting Westminster in disgust after MPs failed to have the courage to vote in a Commons debate for a review of the 2003 Extradition Act in the wake of the controversy over Gary’s case.
Earlier this week analysis by the Liberal Democrats revealed that the odds are stacked overwhelmingly against any British citizen wanted by the Americans for extradition.
Courts in the UK approve 89 per cent of U.S. extradition requests compared to only seven in ten requests by the British authorities that are granted by the Americans.
Under the controversial act the U.S. can demand a Briton’s extradition without having to prove any evidence while Britain has to prove its case in a U.S. court.