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Alan Johnson to study medical evidence in hacker case
27.10.09
Home Secretary Alan Johnson is to study new medical evidence surrounding computer hacker Gary McKinnon before deciding on his extradition to the US, it emerged today.
Mr Johnson said he had "stopped the clock" on proceedings to give Mr McKinnon's lawyers time to consider medical reports and make legal representations to European justices.
Earlier this month the High Court refused the 43-year-old permission to appeal to the new Supreme Court against his pending removal to America to face charges of breaking into the Pentagon's military networks.
Lawyers for Mr McKinnon, who has Asperger's syndrome, were known to be considering an application to the European Court of Human Rights.
Mr Johnson said: "We have stopped the clock ticking on the representation to the European Court because new medical evidence has been provided."
The Home Secretary added that he had to ensure that Mr McKinnon's rights under Article 3 of the Human Rights Act - which stipulates that no one shall be subjected to torture or to inhuman or degrading treatment or punishment - was respected.
"It's that new medical evidence that I will be looking at very carefully," he said.
Mr McKinnon's mother Janis Sharp described the new medical evidence as "very powerful".
She said: "I'm really glad the Home Secretary has decided to look at it, because Gary's health has already deteriorated so much. After eight years of constant stress, he is suicidal.
"We should not have a Government that is so powerless it cannot stand up against America for the right of its own citizens."
Mr McKinnon, from Wood Green in north London, is accused of breaking into the US's military computer system but says he was just seeking UFO evidence.
His supporters want him to be put on trial in the UK on charges of computer misuse, which would allow him to avoid extradition.
They also criticise the US-UK extradition treaty, saying it does not treat US and British citizens equally.
Reader views (6)
How many reviews and new court hearings is this guy going to get?? He'll die of old age before it's over. Send him off to the U.S. That's where the law was broken, and that's where he should face the consequences. I'm sick of people from Britain blatantly breaking foreign laws and then whining to be tried by the 'slap-on-the-wrist' British judicial system.
- Phil Jones, London UK
"We should not have a Government that is so powerless it cannot stand up against America for the right of its own citizens."
Now that is 'reaching'. Britain's citizens do NOT have the right to break laws in other countries (cue the nit pickers who say he wasn't physically in the USA - sorry, the crime was commited AGAINST several US based properties and databases, so it still applies!), and it certainly doesn't mean that throwing everything into the mix that they can dream up should be relevant to the man's case.
The Asperger's has been done to death. He is demonstrably a high functioning, socially independent man and as such is responsible for his actions. What's happening now is just the usual scraping together of anything and everything that looks good on paper, to influence a bunch of outsiders to the UK who have a propensity for upholding the human rights of just about anything and for any reason.
The suicidal ploy? Nicely emotive, but real? Any more than with anyone having to face the consequences to their misdeeds? Of course the mother is quite naturtally going to stand up for him, I'd be sadly surprised if she didn't - but that doesn't make her emotional pleas more important than the facts.
- Rogan, Irving
My my, is there a general election in the near future?
What a cynical sleaze ball.
- Frank, Home Counties, England.
..........and if Gary Mckinnon has autism does that mean his crime is any less than if he didn't?
If the poor man does have autism doesn't this mean that by recieving all this hue and cry for lowering the threshold of the crime will in future allow him to believe that he can do it all over again with impunity?
- Pat, sussex
I wonder if Mr. Johnson would have been reviewing this case if George Bush jnr was still in power?
- Gedguy2, London, England
Correction: Alan Johnson is to study how many votes it'll cost the party, and if the yanks will scupper his chances of a cushy number after the next election.
- Threaded, Roskilde, Denmark
