US anger at Gary McKinnon extradition block

 
17 October 2012
WEST END FINAL

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Home Secretary Theresa May's decision to block the extradition of computer hacker Gary McKinnon to the United States has been criticised by the US government.

The US Department of Justice said it was "disappointed" by Mrs May's use of the Human Rights Act to halt the process but added that the "extradition relationship" between the two countries remained strong.

Mr McKinnon was accused by US prosecutors of "the biggest military computer hack of all time", but he claims he was simply looking for evidence of UFOs.

It will now be for the director of public prosecutions (DPP) Keir Starmer QC to decide whether Mr McKinnon should face charges in the UK.

In a statement, a spokeswoman for the US Department of Justice said: "The United States is disappointed by the UK Home Secretary's decision not to extradite Gary McKinnon, particularly given the past decisions of the UK courts and prior Home Secretaries that he should face trial in the United States.

"We note that the Home Secretary has described this case as exceptional and, thus, this decision does not set a precedent for future cases.

"The Home Secretary has acknowledged that Mr McKinnon is accused of serious crimes and that the United Kingdom's Director of Public Prosecutions will now consider whether Mr McKinnon has a case to answer in a UK court."

But she added: "Our extradition relationship with the United Kingdom remains strong, as is demonstrated by the extradition of five alleged terrorists from the United Kingdom just last week."

Mrs May stopped Mr McKinnon's extradition on human rights grounds after medical reports showed the 46-year-old was very likely to try to kill himself if extradited.

"After careful consideration of all of the relevant material, I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr McKinnon's human rights," she told MPs.

A so-called forum bar will also be introduced to extradition proceedings to enable British courts to decide whether a person should stand trial in the UK or abroad, Mrs May added.

Mr McKinnon's mother, Janis Sharp, described yesterday's decision as "life-saving" and added that she had been overwhelmed by the emotional rollercoaster of the 10-year fight against extradition.

She said: "I want to say thank you to Theresa May because it was an incredibly brave decision - to stand up to another nation as strong and powerful as America is rare and she had the guts to do it."

Mr McKinnon's lawyer Karen Todner said it was "a great day for British justice" and that she hoped the DPP "might consider that Gary has suffered enough".

Medical evidence may even suggest that he is unfit to enter a plea, she added.

David Burrowes, Mr McKinnon's MP, said: "It's a life that's been given back to Gary in a long dark tunnel that is 10 years.

"This must never happen again."

The family of terror suspect Babar Ahmad, who was extradited alongside radical cleric Abu Hamza and Syed Talha Ahsan earlier this month, accused the Government of double standards.

"Many of our supporters are angry at what appears to be blatant old-fashioned racism under which all British citizens are equal but some are more equal than others," Ahmad's family said in a statement.

But Home Office medical evidence showed that as well as suffering Asperger's syndrome like Ahsan, Mr McKinnon was also very likely to try to kill himself if extradited to the US, where he faced up to 60 years in prison if convicted.

The US stance also appeared to soften this summer, with government adviser John Arquilla saying they should be recruiting elite computer hackers to launch cyber-attacks against terrorists instead of prosecuting them.

Both Prime Minister David Cameron, who has held talks on the case with President Barack Obama, and his deputy Nick Clegg previously condemned plans to send Mr McKinnon, from Wood Green, north London, to the US.

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