2009-07-31 10:54:23
British hacker Gary McKinnon has lost his latest High Court bid to avoid
extradition to the United States.
US authorities want to try the 43-year-old, from Wood Green, north London, for
breaking into US military and Nasa computers in 2001 and 2002.
Mr McKinnon admits hacking, but denies it was malicious or that he caused
damage costing $800,000 ( 487,000).
He had challenged refusals by the home secretary and director of public
prosecutions to try him in the UK.
'Lawful and proportionate'
If the law says it's fair to destroy someone's life in this way then it's a
bad law.
Janis Sharp
Glasgow-born Mr McKinnon had asked the court to rule on whether the CPS was
right to say he could not be prosecuted in the UK, and also whether his
Asperger's Syndrome meant he could not be extradited to the US.
But, in a 41-page ruling, the judges said extradition was "a lawful and
proportionate response to his offending".
He faces up to 70 years in prison if convicted in the US of what prosecutors
have called "the biggest military computer hack of all time".
He has always insisted he was looking for classified documents on UFOs which he
believed the US authorities had suppressed.
Speaking outside the High Court, his mother, Janis Sharp, said her son had been
"naive enough to admit to computer misuse without having a lawyer and without
one being present".
"We are heartbroken. If the law says it's fair to destroy someone's life in
this way then it's a bad law."
US-UK EXTRADITION TREATY
for US to UK
of US requests have been granted
Mr McKinnon accessed 97 government computers belonging to organisations
including the US Navy and Nasa.
In February the Crown Prosecution Service refused to bring charges against Mr
McKinnon in the UK.
The decision followed a ruling last October by then Home Secretary Jacqui Smith
to allow his extradition.
Mr McKinnon has already appealed unsuccessfully to the House of Lords and the
European Court of Human Rights and his latest judicial reviews in the High
Court are likely to be his last chance.
His lawyers say the authorities have not given proper consideration to his
Asperger's Syndrome, which could have "disastrous consequences," including
suicide, if he was to be extradited.
They argued he was "eccentric" rather than malicious and should be tried on
lesser charges in the UK to protect his mental health.
The National Autistic Society said it was "disappointed" and "angry" over the
decision.
"The NAS has campaigned hard for his extradition to be reconsidered in the
light of his diagnosis of Asperger syndrome," chief executive Mark Lever said.
"People with Asperger syndrome are often far more vulnerable than initial
appearances would suggest, frequently isolated, often bullied and sadly many
experience severe mental health problems if they do not get the right support.
"We are extremely disappointed that the High Court has decided to continue with
Gary's extradition despite these concerns."