JUDICIAL REVIEW: New attempt to overturn extradition rulings

Lawyers for a British man will this month try again to stop him being extradited to the US on charges relating to hacking into computers at the Pentagon and Nasa. Supporters of Gary McKinnon, a UFO obsessive from London, believe he should be tried and, if necessary, punished in Britain rather than America. They want a judicial review, arguing that McKinnon, who has Asperger’s syndrome, committed the alleged offence while in the UK and should be tried under British law on computer misuse, which has a maximum sentence of five years. In the United States he could face up to 60 years in prison. Thousands have signed a petition supporting McKinnon and a newspaper has begun a campaign claiming he is being denied British justice.

ORIGINAL OFFENCE: Self-taught hacker revealed security flaw

After hacking into the Pentagon’s computer’s in 2001, McKinnon was traced to Britain and arrested in 2002. He confessed to infiltrating US defence department systems and leaving messages such as “US foreign policy is akin to state-sponsored terrorism”. But he claimed he had done so to expose the poor security of the computer systems. The self-taught hacker, who is a firm believer in extraterrestrial life, also maintained that he broke into the sites to search for evidence of aliens. The US authorities have claimed McKinnon perpetrated the biggest breach of a military system and caused $700,000 damage, which he disputes. His supporters say he is a victim of the crackdown on security threats after 9/11.

LEGAL BATTLE: McKinnon refused to bargain over his sentence

In July 2005 the US government offered McKinnon a plea bargain: a decreased sentence in return for not contesting extradition. He refused. His legal team has taken his case to the House of Lords, the European Court of Human Rights and directly to Jacqui Smith, then home secretary. They all ruled that under the present agreement with the US, there were no grounds for stopping his extradition. McKinnon is now awaiting the result of separate review on whether his mental health should have been taken into account. Chris Huhne, the Liberal Democrat home affairs spokesman, has said: “His medical condition should surely justify a more compassionate approach.” Last week Sarah Brown, wife of the prime minister, expressed her sympathy for McKinnon.

WIDER CONCERN: Is extradition law too biased in favour of US?

McKinnon’s supporters say his case reflects the wider issue of how the extradition law is weighted in favour of the US. Under the controversial Extradition Act of 2003, the US is able to demand that Britain hands over citizens — without the need for prima facie evidence — even when they might be better tried in the UK. In contrast, Britain must justify its extradition applications in US courts. The law was designed to fight terrorism abroad. The British government has defended the agreement, calling it “the nearest rough and ready parity that we are reasonably likely to be able to achieve”. However, David Cameron, left, has said he would review the law if the Conservatives win the next election.

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