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Wednesday 10th May 2006 set for the next Gary McKinnon extradition hearing

It looks as if today's appearance by Gary McKinnon before Bow Street Magistrates' Court has ended up being adjourned until Wednesday 10th May 2006.

ZDNet have the first report:

Wednesday 12th April 2006

NASA hacker to hear fate next month

Tom Espiner
ZDNet UK
April 12, 2006, 18:05 BST

Gary McKinnon's fight to avoid extradition to the US to face hacking charges continues, after an unsigned note from the US Embassy was produced in court on Wednesday

[...]

On Wednesday, the prosecution produced an unsigned note from the US Embassy, which they claimed was a guarantee that McKinnon would not be tried under Military Order Number One, which allows suspected terrorists to be tried under military law.

However, the defence argued that the note was not binding as it was unsigned. The defence called Clive Stafford-Smith, a US lawyer who has defended Guantanamo Bay inmates, as a witness. Stafford-Smith argued that the note would not prevent McKinnon from being treated as a terrorist.

[...]

The case was adjourned until 10 May, when a final decision will be made on whether McKinnon will be extradited.

[...]

Remember that no actual evidence of the fact or the extent of any alleged damage to computer systems has been presented to this British extradition hearing, because of the unfair Extradition Act 2003 treaty with the USA.

There are a couple of precedents where a British Court has accepted such an "unsigned diplomatic note" in other extradition case to the USA, even though it is not binding on the executive power of the President.

However, this is a slightly different case, so there may still be a chance that the Judge will not accept this "unsigned note", in which case it is unlikely that Gary would be extradited, as this would contravene his right to a fair trial under the UK Human Rights Act 19gov.uk/acts/acts1998/80042--d.htm#sch1" target="_hraa6">Article 6 the European Convention on Human Rights.
, something which, given the existance of the counter-productive Guantanamo Bay and other military internment camps, cannot be guaranteed.

ARTICLE 6

RIGHT TO A FAIR TRIAL

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3. Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b) to have adequate time and facilities for the preparation of his defence;

(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Almost none of these rights would be available to Gary or to anyone else who was extradited to the USA and then held under Military Tribunal Order No. 1, i.e. like the Guantanamo Bay detainees.

UPDATE: A BBC report is now online..

Comments

just read about Gary in today's Australia newspaper, Murdoch's rag in OZ. The vindictive and viscousness of the people who run the US is spooky. These peole are beyond compassion or sympathy. On the evidence alone the US must not take McKinnon from UK. You have my support for what its worth.


If gary Mckinnon is guilty then so is the US govt see following.
http://www.heise.de/tp/r4/artikel/5/5263/1.html


@ Gordon McHugh - not sure how that old _NSAKEY controversy article is that relevant to Gary McKinnon's case.

More up to date information on _NSAKEy allegations can be found via:

http://en.wikipedia.org/wiki/NSAKEY


This test case ought to be made an example of, by standing up to the US and telling them no. Any UK official who refuses to do their job ought to be fired or face criminal prosecution for dereliction of duty, starting with Blair and Blunkett, who signed this stupid one-way agreement to hand over UK citizens. Ironically, a US citizned who IS breaking international law by urging the disfiguremnent of Cambridge students and faculty CANNOT even be questioned by the UK police.
Gary McKinnon is willing to face trial, but that trial needs to be here in the UK, not in a country with 11,000 paedophile priests and a president who lies and does drugs.


This is a perversion of justice. Gary's "crimes" were committed on UK soil, extradition would lead to penalties being applied retrospectively as they differ from UK law. Try him here and come to the conclusion that the US should fix their security.

Martin
http://www.m-s-d.net/


Gary does not know the half of it.

The Lightworkers can communicate telepathically with the ships and they are trying to help us get rid of the bankers and the Bush senior CIA people who control the drug trade all over the planet and have held USA to ransom for decades since the depression.
Have a look at www.starshipcapricorn.org
www.insights2.org
www.paoweb.com
We have wrestled back our own people power from the bankers that were ruling the planet and it will all kick off any minute now.
The 9/11 was a put up job to frighten us into submission. A law called Nesara was to have been announced on 9/11 from the Twin Towers and then they put the lights out over the eastern seaboard to stop it the next time.
We will have free energy soon within a year and we are having a spiritual revolution so that we will realise that we are descended from the star people without whom we would not have been able to take the planet back. We have control of the money supply now and guess what!!! Jesus now known as Sananda is in charge.
Perpare for a big light show soon in the evening.

Landing will be in UTAH and Vancouver.
Tell Gary not to keep saying Chrikey as it is blasphemy without realising it.


This citizen appears to be a national asset. Our Government and security agencies charged with protecting us should be offering him gainful employment, not offering him up to a foreign power.


Gary got caught redhanded hacking into the most powerful military's computer systems and stole passwords. It seems to me that he is lucky this huge military machine did not capture and/or kill him as soon as he was indentified. The military is a mean dog not to be toyed with.


Gary should not of been doing what he has done. He is only sorry he got caught and it is the USA he did his crimes then the USA has the legal right to trial him. It is Gary's fault and he knew what he was doing and he knew that hacking into the highly sensitive computers was completely illegal and military sensitive. I have no sympathy or time for this coward.


IF YOU CANNOT DO THE TIME THEN DON'T DO THE CRIME!!!

Stop blubbering behind women and face up to it like a man you big baby. You thought you were clever until the US authorities caught up with you. They have a legal right to trial you for your total stupidity and damage to them. I rather you be trialed in the USA then at cost to us the British taxpayer. Stop being a wimp and face it YOU KNEW WHAT YOU WAS DOING WAS ILLEGAL!!!


Gary McKinnon is not guilty of any hacking The internet was designed as an open access system right from the concept it was designed to share information. If the US government choose to connect secret systems to it unprotected by leaving default passwords they are actualy inviting access on an open system. However they also routinely burgle other peoples computers on a continuous 24 hr 7 day a week basis,also they illegaly tap telephone calls via the keyhole sattelite,and have installed an illegal backdoor access to every copy of windows operating system to allow themselves in they are far more guilty than Gary Mckinnon.see the following link
http://www.heise.de/tp/r4/artikel/5/5263/1.html


it is just a matter of how much dollars you have, simple as that, in america if you have money you can

1-rape kids more than once
2-kill your ex and her lover
3-fake your company's books to steal more money so that you can do more things

so Gary you need money cash then you will be able to buy lawers, witnesses, etc...


Gary got caught redhanded hacking into the most powerful military's computer systems. If I were the powers that be I would be EMPLOYING him not TRYING him


I think its disgusting if the American military software is as open as it was in this case why bother about the Iranians they could attack America with there own tools of mass destruction


The fact of the matter is that most of the American people dont even realise that anywhere other than America exists. So obviously the programmers only had to make the software and security systems safe from there own people. Possibly it would be a good idea for the people who deal with security in america to learn geography at school.


It is to be hoped that the new Home Secretary has some backbone and doesnt buckle under pressure applied from America he needs to realise that we are europeans and not American puppets as the RT Hon Tony Blair would like us to believe


Perhaps 'mchugh' also thinks it would be Ok to walk in to a strangers house just because they have failed lock up securely!!!
He would need to be brain dead to think that he wasn't doing anything wrong (must be suffering from 'mchugh' syndrome).
He will be treated harshly by the US courts, but he should have thought about that at the outset.


I dont think that Michael Higgins has seemingly grasped what McHugh has stated once and for all lets get this straight this is computer hacking and not breaking into peoples property if the Americans have there systems tied up to the internet so they can spy on others then they shouldnt start crying when there systems are looked at by others. Are we all not entitled to privacy if so then they should afford others what they want for themselves .


Perhaps Clive would prefer someone to 'hack' into his computer based bank account rather than break into his home, but I immagine that much more damage could be done digitaly. Clive is the one who fails to grasp that hacking is every bit as criminal as burglary and vandalism.


This is an example that the world is getting smaller.

If this man did in fact gain unauthorized entry into US military computer networks he should have expected this as a possible result of such an action. Unless he is damaged intellectually?


I realise hacking is a criminal offence but the Americans need to remember if they dont want it done to them then afford the rest of us the same courtesy.I quite simply think they should be giving him a pat on the back for showing the security services just how poor there systems are.


The problem there Clive is that every Tom, Dick & Harry will also see this as a green light to have a go as well.It will never happen and Gary McKinnon is going to pay the price.


Gary will stand trial he has to but it has got to be in a country where he will get a fair trial that means England and not America . It is unbelievable that our spineless government actually signed a one way extradition treaty with the bully boy Americans which they think gives them the right to rule the world . You have to wonder what Gary found on there because in certain quarters it would seem as if someone is very worried . But to make an example out of one ordinary computer nerd to cover their own failings as a security service stinks and is tantamount to bullying .


The US if trying to smash a butterfly here. But that is what they are into, smashing things, and I ought to know, I am from the US where I did a spell in the Navy watching Russian ships...uh, you could call me a spy. It was not glamorous, sort of like 00 nothing... I had to argue with stupid officers who did not understand the Cyrilic alphabet and would write down names wrong...probably the same people who forgot to secure the sites Gary was on. Incidentally, he left a question on one of them about 9/11 being an inside job. That is why they want him out of the way. Don't they have real terrorists to catch, like Osama what's-his-name (bin forgotten)?
Gary is a test case; if they can grab one Brit, the the NatWest 3 and then the rest of the country. Churchill would not have stood for this, nor Boedicea, in fact, to let any of these extraditions go forward is a crime and we need to question what our leaders are getting out of it - Major was given $5m worth of Carlyle stock for his term, must have pleased the Yanks a lot that guy. How much silver does the CIA pay a Judas for one Brit? A hell of a lot these days.


Interesting bit of bio re: Christopher Christie, the US prosecutor in New Jersey who is working on Gary's case. Christie was appointed by Bush in December of 2001. Now, NJ is an interesting crime scene. There they caught 4 Israelis with connections to Mossad on 9/11, and found that these guys had filmed themselves rejoicing at the attacks. Rejoicing? I mean, are they not a little sick?
And, one might add, criminal, as they also had explosives and box cutters in their van which was part of a front for some kind of spy operation? If NJ wants to go after real criminals, then these 4 Israelis who took so much personal delight in the death of 2,800 people that day ought to be top on your list. Like public enemy # 1,2,3,4. So why then did these guys get let out? Where is Christie to review the case and demand THEIR return to the US.
BTW, I am from NY, have a friend on the NYFD who almost got killed that day, and I WANT REAL JUSTICE. EXTRADITE THESE GUYS FROM ISRAEL AND ASK THEM WHAT THEY THOUGHT WAS SO FUNNY ABOUT 9/11.
Real prosecutor or a wanna-be governor? Another Bush appointee like Michael Brown of Homeland Security...heck of a job there Brownie, er, um, Christie...


I think that what Gary did, however legally wrong, was morally right and facing extradition and up to 70 years in prison for it is just plain ridiculous. I want to remind ppl that information the likes of which Gary was trying to obtain, if it ever does get out, will shift the consciousness of the planet and bring the largest technological benefit to everyone since the invention of the wheel. Given that there has been no evidence supplied by the US to prove any damage was done whatsoever, I can only conclude that they are trying to make an example of him to scare anyone else out of repeating his actions. Perhaps if Nasa and the US Military had actually bothered to use passwords rather than leave them blank, this situation may not have arisen.
Please take the time to look at the information that spurred Gary to action..
www.thedisclosureproject.org

The punishment should fit the crime and the crime was committed here in the UK.
Nobody died, nobody got hurt and I`ll bet that he didn`t damage a damn thing.
Except maybe cause some embarrasment for the USG.


They should be thanking Gary but could U imagine what if Russia done it.
What the outcome would be
I guess U would hear nothing..Im with U Gazza,

Leave the civilians alone
Protect the civilians

Ken


Well this is depressing. Stop writing like that, your posts are spoiling your reader's mood. Boring.


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