Hacker loses extradition appeal BBC News, 31st July 2009British hacker Gary McKinnon has lost his latest High Court bid to avoid extradition to the United States.The US wants to try the 43-year-old, from Wood Green, north London, for what it calls the biggest military computer hack of all time, in 2001 and 2002.
Mr McKinnon admits hacking, but denies it was malicious or that he caused damage costing $800,000 (£487,000).
Whether or not he can appeal to the UK Supreme Court will be decided at a later date, Lord Justice Burnton said.
He said it was a matter which should be dealt with "as expeditiously as possible".
'Lawful and proportionate'
Glasgow-born Mr McKinnon had challenged refusals by the home secretary and the director of public prosecutions (DPP) to try him in the UK.
The home secretary insists he has no power to demand the trial take place in the UK.
The DPP refused to order a UK trial, saying the bulk of the evidence was located in the US and Mr McKinnon's actions were directed against the US military infrastructure.
He had also asked the court to rule on whether his Asperger's Syndrome meant he could not be extradited to the US.
His lawyers argued extradition was "unnecessary, avoidable and disproportionate" and had not taken place in other cases.
But, in a 41-page ruling, the judges said extradition was "a lawful and proportionate response to his offending".
Home Secretary Alan Johnson said: "Mr McKinnon is accused of serious crimes and the US has a lawful right to seek his extradition, as we do when we wish to prosecute people who break our laws.
"The court judgement has also made absolutely clear that the DPP's decision not to prosecute in the UK was the right one.
"My predecessor has already sought and received clear assurances from the US that Mr McKinnon's health and welfare needs would be met, should he be extradited.
"It is open to Mr McKinnon to seek to appeal to the House of Lords."
UFO search
Mr McKinnon 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 - who did not attend court - 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."
She said she feared for his health.
"He's very ill, he's got really bad chest pains, it's affected him emotionally, mentally, every way, he's terrified," she said.
Ms Sharp appealed directly to US President Obama to intervene in the case.
"Stand by us and make this world a better place, a more compassionate place," she said.
"Obama wouldn't have this. He doesn't want the first guy extradited for computer misuse to be a guy with Asperger's, a UFO guy. He wouldn't want this.
"I'm just praying, please hear us, Obama, because I know you would do the right thing," she added.
In a statement, his lawyer Karen Todner, asked: "What does it take to make this government sit up and listen to the clear public view that Gary McKinnon should not be extradited?
"The extradition treaty with America was brought in to facilitate the extradition of terrorists and it must be clear to anyone following this case that Gary McKinnon is no terrorist.
"Why aren't they stopping the extradition of a man who is clearly vulnerable and who on the accepted evidence suffers from Asperger's?
"Gary is clearly someone who is not equipped to deal with the American penal system and there is clear evidence that he will suffer a severe mental breakdown if extradited."
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.
Various quotesIt would be illegal for me to stop the extradition of Gary McKinnon, which the court ruling has made clear.
Mr McKinnon is accused of serious crimes and the US has a lawful right to seek his extradition, as we do when we wish to prosecute people who break our laws.
My predecessor has already sought and received clear assurances from the US that Mr McKinnon's health and welfare needs would be met, should he be extradited. -
Alan Johnson, Home SecretaryI am deeply saddened and disappointed with this decision. Gary McKinnon is a vulnerable young man and I see no compassion in sending him thousands of miles away from his home and loved ones to face trial.
If he has questions to answer, there is a clear argument to be made that he should answer them in a British court.
This case raises serious questions about the workings of the Extradition Act, which should be reviewed. -
David Cameron, Conservative Party LeaderToday's judgement is a hammer blow to a vulnerable man and his long-suffering supporters.
The succession of ministers who have let this sorry saga drag on for seven long years should hang their heads in shame.
There is no way the American government would hang one of their citizens out to dry in the same way. The [UK] government must ensure that the US-UK Extradition Treaty is repealed and that its replacement treats US and British citizens equally. -
Chris Huhne, Liberal Democrat Home SecretaryIt now falls to our government to show compassion in the case of Gary McKinnon, and to turn its attention to the very many disabled people lost within the justice system.
Those with autism, learning disabilities and mental illness face obstacles to understanding at every turn in police stations and in courts.
If they do end up in prison they are more likely to be bullied by other prisoners, disciplined by staff and excluded from programmes that would help them survive a sentence and prepare for release. -
Juliet Lyon, Prison Reform TrustToday's court decision demonstrates the disgrace that is Britain's extradition arrangements that allow vulnerable people to be shipped off around the world when they should be tried here at home.
Our judges' hands have been tied by rotten legislation that should now be overhauled by Parliament without delay. -
Isabella Sankey, LibertyWe are so disappointed for Gary and his family and so angry he is still in this position.
The threat of extradition has been hanging over him for seven long years and sadly the nightmare continues.
The NAS has campaigned hard for his extradition to be reconsidered in the light of his diagnosis of Asperger syndrome.
We will continue to do whatever we can to keep him here in the UK and will support him in his appeal to the Supreme Court.
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. -
Mark Lever, National Autistic SocietyMy heart goes out to Gary, Janis and all those who have fought so hard.
Reason and common sense dictate that Gary's extradition would be abhorrent.
We cannot let this be the end of the road. It is quite clear that Gary is a deeply vulnerable man, ill-equipped to cope with the trauma of extradition.
I am determined to continue to press government to intervene in this blatant travesty of justice. -
Trudie Styler, Campaigner and wife of StingThe failure to overturn the decision to extradite Gary McKinnon to the USA is disappointing.
The extradition arrangements between the USA and the UK are in place to help counter-terrorism and serious crime, and should not be used against vulnerable people like Mr McKinnon.
These extradition arrangements need to be reviewed. The Home Secretary should use his discretion to look again at Mr McKinnon's case and intervene to stop the extradition. -
Keith Vaz, Home Affairs Select CommitteeIn similar cases where Great Britain has tried to extradite an American to Great Britain to stand trial, there is a 20% less chance that that will happen. This is fundamentally unfair.
Gary McKinnon could be tried under British law to stand trial there, it's just that the British courts and the prosecutors... have deemed that not the appropriate response. I would say that's poor thinking on the part of the British government.
Sometimes allies can agree to disagree; sometimes we can advocate for the best interests of our own citizens against the desires of the other country. -
Joseph Gutheinz, US lawyer and Ex-NASA criminal investigator