Scots hacker Gary McKinnon may get more time to fight extradition

Published on Tuesday 1 December 2009 16:19

HOME Secretary Alan Johnson said today he was considering granting computer hacker Gary McKinnon extra time to apply for a judicial review of his case.

• Gary McKinnon claimed he was looking for evidence of UFOs when he hacked into the computer systems

Mr McKinnon, who has Asperger's syndrome, faces up to 60 years in jail for breaking into American government systems after the September 11 terror attacks.

Mr Johnson, who decided the Government will not intervene in the case last week, told the Commons he was considering a request from Mr McKinnon's legal team to extend the seven-day period they have to apply for a judicial review.

He conceded there were legitimate concerns over Mr McKinnon's mental health, but said this did not prevent him from being extradited to the US to face the charges.

Mr Johnson said: "I am currently considering a request from Mr McKinnon's lawyers for an extension of the seven-day time limit."

He went on: "There are legitimate concerns over Mr McKinnon's health and the United States authorities have provided assurances, which were before the High Court in July, that his needs will be met."

He added it was clear there was "no real risk" that, if convicted, Mr McKinnon would serve any of his sentence in a "supermax" prison.

Referring to the "perceived imbalance in UK/US extradition arrangements in respect of probable causes versus reasonable suspicion", Mr Johnson added: "I am clear that no such imbalance exists."

He also said that this issue was "academic" in Mr McKinnon's case as he had already admitted much of the conduct of which he was accused.

Mr McKinnon's MP David Burrowes, who is also the shadow justice minister, accused the Government and Mr Johnson of being "spineless" after hearing his answer to an emergency question tabled in the Commons.

But Mr Johnson said: "This is a difficult decision.

"I'm the only person who can make this decision and I have to make it on the basis of the facts and all the facts, and it is a quasi-judicial decision."

Glasgow-born Mr McKinnon's legal team have warned that if they are not granted a judicial review, then he could be extradited by Christmas.