Free Gary McKinnon

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:

When we arrived at Bow Street Magistrates there were scores of photographers outside and press inside.

The court was packed and anyone standing was asked to leave. Fortunately all of Gary's friends and family managed to get seated and one of Gary's elderly ustomers turned up to wish him well but found it difficult to hear council and stayed or only a half day. (Gary used to sort out his computer problems)

We arrived at court and there was a video link from prison for another guy who is fighting extradition. I didn't catch his name but I think he's Italian. Initially it freaked us out a bit as we didn't know what was happening and wondered how he was related to Gary's case but he wasn't.

The hearing started with Queen's Council Edmund Lawson. He delivered the outline of the case well; he holds very direct eye contact with everyone he speaks to and he doesn't miss a trick.

Edmund Lawson QC is a one of the top Barristers in London

There were some tense moments when they went over what Gary is alleged to have done and that he left a note on a computer accusing the American government of State Sponsored Terrorism. A bit difficult for Gary's family to hear as they are obviously worried about his chances of freedom.

N.B. this was only an examination of the allegation and not any actual examination of any evicence e.g. forensic coomputer analysis evidence or any evidence from US Military witnesses, which may nor may not actually exist, but which a British Court is prevented from hearing by the unjust "fast track" Extradition Act 2003 process.

The first defence witness was Thomas Franklin Loflin the 3rd. an American attorney with incredible knowledge of American law. He ably argued the point about America gaining a legal advantage by waiting two years after indicting Gary before arresting him.

The prosecution pressed Thomas Loflin by continually asking him if he thought the American side had been dishonest in waiting two years; he then pressed Thomas Loflin further by continually asking him "have you something else to tell us?"

The prosecuting attorney representing the USA then resorted to fighting dirty. He asked Thomas Loflin what he was doing on a certain date etc.

Eventually it came out that Thomas Loflin had been arrested for late return of taxes in America and he had been fined and given an extremely short suspended prison sentence (days or weeks) and had done community service Loflin explained it was a misdemeanour.

The US attorney asked Loflin in a really snidey way "don't you think you should have told Council about your arrest before this case and before you accused the US government of being dishonest?"

It transpired that Loflin had already told Edmund Lawson.

Edmund Lawson then stood up and said that the American prosecutor had already brought this up and had laboured the same point at Babar Ahmad's hearing. Edmund Lawson said "I wondered if you'd feel you had to bring this up again?"

The US prosecuting attorney is called Mark Summers.

Lawson's comments floored the US prosecutor and made him look small; no one liked his underhanded way of fighting; it was just too dirty and didn't go down well in the London Court.

You would have thought that the defence legal expert witness was on trial, who is only there to inform the British Court of the arcane details of US law !

There was an hours break so that the defence would have time to read the very last minute response/evidence presented by the US, which was emailed to Gary's Council only this morning.

A bit more of Thomas Loflin being cross examined and we then had an hour's
lunch break.

Gary and his girlfriend Lucy were chased along the road by a bank of photographers for a long part of the walk to Covent Garden when we all headed for a little Mediterranean restaurant/snack bar and had some really nice food and drink. Pitta bread, salad, falafel and fresh orange juice.

Gary didn't choose to go to a pub as he didn't want to walk back into court smelling of alcohol. Pretty sensible really.

Back to court, got in early enough to regain our seats and the prosecution continued cross examining Thomas Loflin 111 who is a US attorney and a quite
brilliant expert defence witness.

At one point Edmund Lawson asked Thomas Loflin to lower his voice as it was booming in the room which was largely made of wood. However everyone loved
Laughlin's loud and direct approach and his obvious passion and brilliant and precise presentation.

We felt that Loflin then lost his flow a little bit when he tried to tone his voice down and to be honest he had kept everyone alert, whereas the prosecution's lower tone of voice left a few people feeling a bit sleepy.

That is quite common in Court proceedings after lunch !

We left the court. Gary and Lucy left in a taxi; Sky TV were filming them through the windows. Gary and friends were all meeting up in a local pub for a valentines drink.

Gary's solicitor Karen Todner has to be congratulated for putting such a brilliant team together and for including the knowledge gained from all of the other extradition cases.

Both Edmund Lawson and Karen Todner and her team although extremely knowledgeable are still open to fresh ideas which is refreshing in itself.

Tomorrow the celebrated British-American human rights lawyer Clive Stafford
Smith speaks for the defence.

An independent TV film producer is said to be arranging a spot on Newsnight with Gary and David Bermingham and a few others who are involved with fighting this one sided extradition treaty.