The lawyer instructed by Gary McKinnon, the man charged by the US with hacking into Pentagon and Nasa computers, has vowed to continue her struggle to prevent his extradition to the US.
Kaim Todner partner Karen Todner, who has acted for McKinnon since his arrest in 2002, is to issue a judicial review to the High Court over a decision by the Home Secretary to step aside and allow US prosecutors to extradite the 43 year old.
Yesterday, McKinnon received a letter from Alan Johnson, in which he said that McKinnon’s extradition to the US to face the prospect of 60 years in prison “must proceed forthwith”.
Todner said her client is “likely to attempt suicide” if US prosecutors succeed in transferring him across the Atlantic.
“His health has deteriorated massively over the past few months and he is suffering from severe mental illness. His mother described him as ‘broken’ and I think that sums up his situation,” Todner told The Lawyer.
“I solely practise extradition cases and I’m aware of the problems with the extradition act. It’s not just that that someone is extradited to another country but also that they are imprisoned in another country.”
Todner added that she felt “passionate and emotive” about her client’s situation after nearly eight years fighting against his deportation.
Applications for judicial reviews are normally given three months to prepare but Todner and her team has been given just seven days.
If the judicial review application fails, Todner’s team will issue a Rule 39 application at the European Court of Human Rights in Strasbourg.
Rule 39 allows the court to issue an injunction against McKinnon’s extradition, while a commissioner from the court reviews his case.
Todner will cite McKinnon’s health in the judicial review application, arguing that any extradition will be a violation of Article 3 (inhumane treatment) and Article 8 (right to privacy) of the Human Rights Act (1998).
“We would hope that our domestic courts would review the evidence and prevent his extradition,” added Todner. “If not then we will seek a verdict from European Courts.”
Applications for two previous judicial reviews have already been rejected by the High Court but neither included the medical evidence that features in this one, which to be delivered by next Friday,
In October, Doughty Street Chambers’ Ed Fitzgerald QC, failed in an appeal against the High Court decision to extradite the 43-year-old (see story), who suffers from Asperger’s syndrome (a form of autism), arguing that the ruling was against his human rights.
Todner will continue to instruct barristers Fitzgerald and Ben Cooper, also at Doughty Street Chambers.
McKinnon is accused by US prosecutors of hacking into Pentagon and Nasa computers in 2001, causing $700,000 worth of damage.
Readers' comments (6)
Henry Kerridge | 27-Nov-2009 3:01 pm
I am appalled at the decision of the Goverment to comply with the extradition of Gary McKinnon.
He has done the US a favour by showing them weaknesses in their security and should be rewarded for the potential good that couls result.
Remember the film 'Catch me if you can'-based on a true case? They did catch him and employed him to catch others instead of prison.
Hope you succeed for him,
Harry Kerridge.
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Anonymous | 27-Nov-2009 5:10 pm
I would have thought that the US authorities would be pleased to meet Gary Mackinnon to find out how he broke into their so called high tech computer facilities.
That the British goverment are quite happy to let him be sent to a dodgy trial in USA, shows just how far we are up the backside of our so called allies.
Would they let a US citizen be extradited to the UK - you must be joking.
Alan Johnson and the government should be very, very ashamed.
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JL | 28-Nov-2009 2:26 pm
Trust our unelected go-fer of a Home Secretary to be crawling along with this. $700K of techno damage or a 'Life'. Well God Bless America? Good to know what we are really worth to any of these people. Bring on The Revolution if anyone knows how. Meet like with like. No mercy. Time's well past for this pathetic excuse for a parliament of public sector bandits. Can't we deport Alan Johnson, Gordon and Co to the bottom of the abyss instead it must be in Washington somewhere, Blair could lead the way and jump in too.
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frank | 28-Nov-2009 8:19 pm
So much for the "special relationship" between the UK & the US. Did you know that in every single instance where UK troops were killed by US "Friendly fire" the US has consistintly refused to send a single solitary witness to a UK Coroners court. This has resulted in delays ,(often for years) A death certificate cannot be issued and the war-widows are denied death benefits and have had to live on a pittance.
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John Ball | 30-Nov-2009 9:26 am
I am ashamed of being British. The unquestioning lapdog of the USA.
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r.w.haworth | 2-Dec-2009 9:48 pm
many people are at fault over this matter, first the home secretary who has not the balls to say to america up yours until we get a reciprocal act no brittish subject will be sent for a mock trial.All those who make the laws of this country should hang their heads in shame, They made a very silly law giving other countries the right to demand the extradition of a brittish subject without making it conditional that there is an equal and reciprocal agreement. Where is Nelson? because britain will never be great again with these muppets
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