Gary McKinnon's next court hearing has been rearranged to be at 2pm, on Wednesday 12th April 2006, again at Bow Street Magistrates' Court.
February 2006 Archives
The Judical Review of the Enron / NatWest 3 bankers case is reported as having been lost
This case e is likely to set a legal precedent which could affect Gary McKinnon, Babar Ahmad and others facing extradition to the USA under the controversial Extradition Act 2003.
The BBC reports::
Enron trio lose extradition fight
David Bermingham, one of the three bankers accused by the US of wire fraud
Mr Bermingham has criticised terror laws being used in the extradition
Three British bankers wanted in the US in connection with the Enron scandal have lost their High Court battle against extradition.
The three former NatWest executives argue they are innocent and should be tried by a British jury.
Enron collapsed in 2001 after revealing it inflated profits and hid debts.
The three men are alleged to have conspired with former Enron executives over the sale of part of the company in 2000, which made them a total of $7.3m.
However, the former NatWest bankers claim that because the offences they are charged with are not extradition offences, forcing them to stand trial in the US is unjust and breaches European human rights laws.
The men - who deny the fraud allegations - have also argued that the UK's Serious Fraud Office, and not prosecutors in the US, should investigate the case.
The judgement marks the first test case in the UK under the government's Extradition Act 2003 - which was developed in the wake of the 11 September attacks in 2001.
The Judgement is, apparently, a lengthy one, so there may or may not, be some detailed points of law which may be applicable. However, on the face of it, this is bad news for Gary McKinnon, who also could have been charged and tried under UK law, in a UK Court, and, if convicted, serve time in a UK prison.
What is the justification for these extradition cases, for alleged offences which happened physically from within the United Kingdom ?
Gary McKinnon's extradition case seems to hinge on a Diplomatic Note about Military Commission Order No. 1 (.pdf) "enemy combatant status" .
If this Note is not acceptable to the Court, there can be no extradition, basically because of the perversion of the normal US civilian judicial legal system,
by the ongoing human rights scandal of Guantanamo Bay, which has been so counterproductive in terms of the war for "hearts and minds" against terrorism.
His hearing has now been adjourned until 14th March at 10am, by which time there should hopefully have been a decision on the strength / validity of a similar Diplomatic Note in the Babar Ahmad case, to be heard on Monday 20th February, and hopefully the results of the Judicial Review in the Enron 3 / NatWest bankers case.
Another personal account of Wednesday's Court proceedings:
The first day (Tuesday 14th) February of Gary McKinnon's extradition hearing at Bow Street Magistrates' Coirt has concluded. We await Wednesday's proceedings with interest.
Here is a first hand report by one of his friends:
Gary McKinnon's extradition hearing is set to start next Tuesday February 14th, and might take 2 or 3 days, or it might be oover in one day, or it might be postponed in the light of the the forthcoming High Court Appeal of the Enron / NatWest 3 on February 20th:
Meeting in the House of Commons calling for urgent review of the controversial UK-US Extradition Treaty 2003
Meeting Venue: Attlee Suite, House of Commons, Westminster
Date: Thursday 16th February 2006
Time: 6.45pm – 8.30pm