Gary McKinnon 'faces US trial' after Home Secretary rejects last-ditch appeal

Published on Thursday 26 November 2009 21:09

THE Home Secretary today rejected a last-ditch appeal for him to block the extradition of Gary McKinnon to the US on computer hacking charges.

• Gary McKinnon

Alan Johnson said he had considered demands for him to intervene in the case but had decided that the extradition would not breach Glasgow-born Mr McKinnon's human rights.

"As the courts have affirmed, I have no general discretion," he said in a statement.

"If Mr McKinnon's human rights would be breached, I must stop the extradition. If they would not be breached, the extradition must go ahead."

Mr McKinnon's mother, Janis Sharp, said Mr Johnson and the Government "should hang their heads in shame".

"To force a peaceful, vulnerable, misguided UFO fanatic like Gary thousands of miles away from his much-needed support network is barbaric," she said.

"This is a cruel and miserable decision.

"If the severity of Gary's medical condition isn't sufficient to prevent his extradition, I can't imagine what is. God help others facing a similar fate.

"I'm so upset and angry.

"Where are the 'very real safeguards' that the Government consistently hid behind when forcing this appalling Act through Parliament.

"The only people who won't get extradited are terrorists facing the death sentence, the very people the Act was meant to be about.

"What bitter irony."

Ms Sharp said her legal team would now apply for a judicial review, but if that was not granted then her son could be extradited before Christmas.

"What a heartless and cowardly decision this is," she said.

Mr McKinnon, who has Asperger's syndrome, was given hope last month when the Home Secretary agreed to study new medical evidence before deciding on his extradition to the US.

Mr Johnson's deliberations came after the High Court refused the 43-year-old permission to appeal to the Supreme Court against his removal to America.

Mr McKinnon, from Wood Green in north London, is accused of breaking into the Pentagon's computer system but says he was just seeking UFO evidence.

But Mr Johnson said today: "I have carefully considered the representations in the case of Gary McKinnon.

"I am clear that the information is not materially different from that placed before the High Court earlier this year and does not demonstrate that sending Mr McKinnon to the United States would breach his human rights."

Mr McKinnon's family say that his health has deteriorated significantly under the pressure of the pending extradition and fears about how he will be treated by the US authorities.

The Home Secretary went on to say in his statement that there had been a number of assurances made about what would happen with him in America.

"Firstly, due to legitimate concerns over Mr McKinnon's health, we have sought and received assurances from the United States authorities that his needs will be met," he said.

"These were before the High Court in July.

"It is also clear from the proceedings to date that Mr McKinnon will not, if convicted, serve any of his sentence in a supermax prison.

"Finally, should Mr McKinnon be extradited, charged and convicted in the US and seek repatriation to the UK to serve a custodial sentence, the Government will, of course, progress his application at the very earliest opportunity."