January 2009 Archives

Gary and his Family would like to say a Huge Thank You to everyone that has helped him in his fight against extradition to America.

Thank you for the support of everyone who has contributed to this website and to the brilliant fg who runs it.

Thank you to everyone that has gone on the Demos outside the Home Office and the American Embassy, often in freezing cold weather and Thank You to everyone that has taken the time and trouble to write to their MP's, to the Home Office, to the Director of Public Prosecutions and to President Barack Obama and to those that have come along to the court to lend support and to report on the events taking place.

We have no doubt that it is because of the spirited actions of people like you that this fight has been brought into the public eye, and is the reason that there have been some positive results of late.

In the last court hearing we all sat there listening to negative comments and rulings being read out by Justice Kay and suddenly we began to hear a few positives.

(Janis Gary's Mum said): I was scared to believe we might actually have won. I wasn't sure if the Judge was saying that Gary had won the right to a Judicial Review and I looked over at Gary's solicitor Karen (Todner) and she had her head in her hands and was crying and I started to cry too.....

Journalist Ronke Philips said "so you've lost" and I said "No we've won this round" and Ronke said "but you and Karen are crying" and I said...."That's because for the first time Gary has won something and he now has a fighting chance of staying in the UK

This was an Amazing day for us and although it was a small victory; we were up against giants and we feel as though we've won a major battle.... and for the first time we have real hope.

Thank you so much to everyone out there who has stuck by us and supported Gary for such an incredibly long time and helped us to fight Goliath.

I know we've still got a way to go but for the very first time we have real hope....

WITH ALL OUR HEARTS....THANK YOU!!!

Janis, Wilson, Gary, Lucy, Charlie & Jeana & their sons...Gary's
brothers, Alan, Steven and Ryan.

The BBC report today's decision by the High Court to allow a Judicial Review hearing of Gary McKinnon's extradition case.

This will be some time after March 16th 2009.

This is the first slightly positive legal decision which Gary has had in the last 6 or so years.

Seperately, the Director of Public Prosecutions will be deciding in the next 3 weeks or so, whether or not to prosecute Gary in the United Kingdom. Gary has always said that he is willing to face justice in the UK for his actions, but not in the USA.

Page last updated at 12:08 GMT, Friday, 23 January 2009

Hacker wins court review decision

British hacker Gary McKinnon has won permission from the High Court to apply for a judicial review against his extradition to the United States.

The 42-year-old from London, who was diagnosed last August as having Asperger's Syndrome, has admitted hacking into US military computers.

His lawyers had said Mr McKinnon was at risk of suicide if he were extradited.

Lawyers for the home secretary had argued against the review, saying the risk to Mr McKinnon's health was low.

[...]

Lord Justice Maurice Kay and Mr Justice Simon ruled that Mr McKinnon's case "merits substantive consideration" and granted him leave to launch a fresh challenge at the court in London.

His lawyers had previously told the High Court that if he were removed from his family and sent to the US, his condition was likely to give rise to psychosis or suicide.

The condition was not taken into consideration by Home Secretary Jacqui Smith last October when she permitted the extradition.

However, her lawyers said she acted within her powers.

The judges said that although Ms Smith's decision might be found to be "unassailable", Mr McKinnon had an arguable case that should be tested in court.

[...]

Mr McKinnon's legal team have sent a request to the Director of Public Prosecutions (DPP), Keir Starmer, asking for him to face trial in the UK rather than the US.

The home secretary has agreed to postpone Mr McKinnon's extradition until the DPP gives his response to the case in four weeks.

If the DPP is persuaded to try Mr McKinnon in the UK, the hacker would face a three to four year sentence, rather than a potential 70 years in US courts.

Mr McKinnon's full application for judicial review is likely to be heard after 16 March, by which time the DPP is expected to have made his decision.

Gary McKinnon's oral Judicial Review against extradition to the USA, is set for tomorrow morning.

The Royal Courts of Justice, Daily Cause List:

ADMINISTRATIVE COURT

[...]

COURT 1
Before LORD JUSTICE MAURICE KAY and MR JUSTICE SIMON
Tuesday 20 January, 2009
At half past 10
APPLICATION(s)
CO/12411/2008 Her Majestys Attorney General v Seckerson
CO/9914/2008 The Queen on the application of Mckinnon v Sshd

Applications for Permission
CO/9914/2008 The Queen on the application of Mckinnon v Sshd

FOR HEARING
Appeal by way of Case Stated
CO/9771/2007 Writtle v DPP

FOR HEARING
CO/6087/2008 The Queen on the application of Kane v Newcastle Upon Tyne Magistrates Court

Sshd = Secretary of State for the Home Department i.e. Jacqui Smith

The Royal Courts of Justice are located in The Strand, London, and the building opens at 9am.

See location Map

Nearest Tube stations: Temple or Chancery Lane

Here is a link to several photos and videos from Gary McKinnon's press conference held at Doughty Street Chambers, last Thursday 15th January 2009.

Gary McKinnon extradition case press conference,
Doughty Street Chambers, Thursday 15th January 2009
Professor Simon Baron-CohenDavid Burrowes MP
Professor Simon Baron-CohenDavid Burrowes MP
Janis SharpQuestions from the Press and Media
Janis SharpQuestions from the Press
Gary McKinnon at the Doughty Street Chambers press conference Thursday 15th January 2009
Gary McKinnon

Those who spoke include the autism expert Professor Simon Baron-Cohen, Gary's Member of Parliament David Burrowes MP, his redoubtable mother Janis Sharp, and Gary McKinnon himself.

ZDnet report some details about the case from Gary's solicitor Karen Todner,

The Ham & High, the local newspaper group covering North London, reports:

Hacker given 11th-hour lifeline

editorial@hamhigh.co.uk
15 January 2009
By Robyn Rosen

COMPUTER hacker and former Crouch End resident, Gary McKinnon has been given a lifeline in the 11th hour, just days before a final decision on his extradition is made.

Mr McKinnon, 42 and a former Highgate Wood pupil, is currently awaiting extradition after being accused of causing $700,000 worth of damage when he allegedly hacked into US security systems from his Hillfield Avenue home in 2002.

Today, his lawyers received a letter from the director of public prosecutions (DPP) stating it would take up to four weeks to deliberate over Mr McKinnon's signed confession.

Last month, Mr McKinnon, who faces up to 60 years in an American prison, signed a formal confession pleading guilty to computer misuse, in an attempt to have him tried in this country.

On Tuesday (January 20), he faces an oral application for a judicial review at the High Court, where his lawyers now plan to delay the extradition until after the DPP has come to a decision.

"If that fails, we really have come to the end of the line," Mr McKinnon's solicitor, Karen Todner, said. "Gary would then be extradited within the next 10 days."

[...]

N.B. Gary has not confessed to causing any "financial damage".

The recent changes to the UK Computer Misuse Act 1990, brought in by the Police and Justice Act 2006 Schedule 14 Minor and Consequential Amendments, which came into force in October 2008, and which repealed Section 11 Proceedings for offences under section 1, in the original CMA for Section 1 unuthorised access offences, could also present the Crown Prosecution Service with a dilemma:

Gary's mother, Janis Sharp, has announced that there will be a Press Conference for Gary McKinnon taking place this coming Thursday 15th January, now scheduled to start at 1.15pm (12 noon) at Doughty Street Chambers, 54 Doughty Street, central London.

Gary will be present but may be a bit quiet as he has been unwell.

Doughty Street Chambers location map

Doughty Street Chambers location map - click for a larger image - new window

Doughty Street Chambers reception is situated at 54 Doughty Street, London WC1N 2LS.

[...]

Metered parking is normally available outside Chambers. Chancery Lane (Central Line), Russell Square (Piccadilly Line) and Farringdon (Circle and Metropolitan Lines) tube stations are all within easy walking distance. Chambers is situated 10 minutes' walk from Kings Cross - St Pancras mainline stations.

Venue Contact details

website: http://www.doughtystreet.co.uk
email: enquiries@doughtystreet.co.uk
telephone: 020 7404 1313

Doughty Street Chambers has several notable human rights and extradition specialist lawyers, and was until recently, jointly led by Keir Starmer QC, who is now, since 1st November 2008, the Director of Public Prosecutions and head of the Crown Prosecution Service.

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

Write in support of Gary

If you feel strongly enough that Gary McKinnon should not be extradited to the USA, but should be tried here in Britain, then there are various people you can write to.

Firstly you can write to us here at info@freegary.org.uk. We will pass your messages of support on to Gary, and publicise this support to the media and to the politicians.

You can post anonymously here on this blog, but please be polite. Alternatively you can send us emails, but if you want a reply and the latest news, then you need to use a valid email address.

You can write to your Member of Parliament via WriteToThem

If your Member of Parliament has not already done so, then please ask them to sign

Early Day Motion 2388 sponsored by David Burrowes MP

(Previously, EDM 241 sponnsored by the then Conservative MP and now Mayor of London, Boris Johnson, also gathered a large number of MP's signatures opposed to the unfair Extradition Act 2003 and the Extradition Treaty with the USA).

You can also write to David Blunkett Charles Clarke John Reid Jacqui Smith Alan Johnson Theresa May who is now the 6th Home Secretary who has had the responsibility for Gary McKinnon's extradition case:

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Home Secretary
Rt Hon. Theresa May MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

Write to US President Barack Obama

WhiteHouse.gov - the official website of the President of the Umited States of America, Barack Obama.

"President Obama is committed to creating the most open and accessible administration in American history. To send questions, comments, concerns, or well-wishes to the President or his staff, please use the form below:"

Contact the White House web message form.

Please use this form to remind them just how counterproductive, and damaging to US national interests, especially to their supposedly changed international reputation, putting Gary McKinnon on trial in the USA would be.

Extradition Watch

Extradition_Watch_logo_150.gif

Extradition Watch campaign to reform the Extradition Act 2003 by Liberty Human Rights .

You can download a PDF Paper Aeroplane and then photograph it, in support of Gary McKinnon

Donation via PayPal

Click on the PayPal Donations button above, to make a secure credit card or direct debit or PayPal account financial contribution to help support this FreeGary.org.uk blog website.

Syndicate this site (XML):

Comments Policy

This blog operates a reasonably tolerant blog comments policy.

You are free to condemn Gary McKinnon's past stupidity, and to highlight the need for appropriate, proportionate criminal justice, all of which Gary accepts.

Please try to be polite (although you will not be banned simply for the odd expletive).

Do try to keep on topic

If you feel the need to publicise lots of URLs (especially without explanation), or lengthy articles, not directly related to Gary McKinnon's extradition case, then link to your own blog article, otherwise your comment will be filtered out as spam.

You would be very wise to read the small print of the Internet Acceptable Use Policy applied by your Internet Service Provider, company or educational institution etc. and refrain from threats or libel (including unsubstantiated allegations without any real evidence) or expressions of hatred etc. against Gary, his family or supporters, or even against groups people or organisations in the United States of America or the United Kingdom etc.

Recent Comments

  • fg: UK prosecutors, cops ponder new probe into NASA hacker McKinnon read more
  • Blair wilkins: You have had a long and exhausting struggle and at read more
  • Elliott Cooper: Finally, the right decision and outcome. This country took its read more
  • MEL CATCHPOLE: THE BRITISH GOVERMENT SHOULD GIVE GARY A JOB NOT GET read more
  • Dave: fg A trial in the UK would not be fair read more
  • romany: I just want to say my brother has Asperger’s syndrome read more
  • fg: @ Dave - so why, in your view, should there read more
  • fg: No surprise that: DPP refuses to consent to private prosecution read more
  • Dave: They really need to hurry up and send him to read more
  • fg: As expected , an adjournment until later in the month. read more
  • Elle: The application and implementation of legislation is more a convenience read more
  • manuel rodriguez gularte: el señor mc kinnon tiene todo el derecho a saber read more
  • Elle Hart, Elec.Eng.Tech: Often these days I ponder the possibility that the US read more
  • william morgan: Before extraditing someone the following should apply: (1)relevant evidence against read more
  • fg: Photos of Janis Sharp and supporters at No.10 Downing Street: read more

Photos of Gary

Gary_McKinnon_150_min.jpg

Gary_McKinnon_Bow_Street_Magistrates_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Bow_Street_Magistrates_Gary_McKinnon_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Gary_McKinnon_Janis_Sharp_15Jan2009_150min.jpg Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009

Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009 (click the image for a larger version in a new window)

gary-janis-mayday_150.jpg Gary McKinnon and his mother Janis Sharp at the May Day Bank Holioday 2010 balloon release event event near the Houses of Parliament

Gary McKinnon and his mother Janis Sharp at the May Day Bank Holiday 2010 balloon release event event near the Houses of Parliament (click the image for a larger version in a new window)

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Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, <strong>without any prima facie evidence</strong> or charges brought against him in a UK court. Try him here in the UK, under UK law.

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

Thanks to Putfile.com for hosting one of these links locally on their servers. The over half a million hits this site took in 24 hours when they were linking directly, is welcome publicity, but was costing us a lot of bandwidth !

About this blog

This blog website is intended to support British citizen Gary McKinnon, who is facing "fast track" extradition to the USA (after over five six seven eight nine ten years since his initial arrest !). Gary was indicted by a US court in November 2002, accused of "hacking" into over 90 US Military computer systems from here in the UK. The unjust treatment of British citizens (and others) when facing the might of the US Military "justice" system, which practices detention without trial in Guantanamo Bay and elsewhere, and stands accused of making use of torture by allied regimes ("extraordinary rendition") is an ongoing scandal. It cannot be excused even by a "war on terror". It seems only just that Gary should face any charges in a British court, and to serve any sentence, if he is found guilty, in a British prison. N.B. With the good news that Gary will not now be extradited to the USA, this blog will continue to raise awareness of the issues raised by Gary's case and others who have suffered unjustly through the UK's one sided extradition arrangements with the USA and to a lesser extent, Europe.

Email Contact

Please feel free to email us your views about this blog, or news about the issues it tries to comment on:

info@freegary.org.uk

Download our PGP Public Encryption Key, if you want to make use of it to send us anything confidential.

N.B. Gary McKinnon was "not allowed to use any computer connected to the internet", as part of his bail conditions.

Is anyone more likely to have any email accounts he dared to use, monitored by the UK and US authorities ?

If you are a tv or radio or print journalist, or a freelance writer or documentary film maker, wanting to interview Gary, please include some full contact details and a contact phone number, and we will pass on your request to Gary's family.

Gary McKinnon offers Search Engine Optimisation

Small_SEO_125.jpg

Gary McKinnon is now offering low cost Search Engine Optimisation services

SmallSEO.co.uk

@Gary_SmallSEO

Follow Gary's mother on Twitter

twitter_logo_125.jpg

Gary McKinnon's mother, Janis Sharp is indefatigable in support of her son, and is now using Twitter to help to keep friends and supporters informed. You can follow her "tweets" at:

https://twitter.com/JanisSharp/

https://tweetstorm4gary.wordpress.com/ #TweetsStorm's in support of Gary Mckinnon.

Media Links and Videos

Links to media interviews and video clips about Gary McKinnon's extradition case, featuring Gary, his mother Janis Sharpe and other supporters, can be found at:

http://www.londontv.net/latestnews.htm

Petitions in support of Gary McKinnon and others

Several people have expressed interest in "signing a petition" in support of Gary's plight.

N.B. the anti-road pricing / snooping petition on the Number 10 Downing Street website achieved 1,791,942 signatures, but this was rubbished and ignored by the Labour Government under Tony Blair, so do not expect too much of what will inevitably be much smaller petitions in support of Gary McKinnon.

This PledgeBank Pledge (not quite the same as a traditional petition), resulted in lots of people actua;lly taking the time and trouble to write to the then Home Secretary John Reid - so many that the Home Office stopped sending back indfividual replies.

http://www.pledgebank.com/FreeGary

This Pledge closed on 8th June 2006, and attracted 745 pledge signatures.


People have petitoned the Prime Minister (Tony Blair):

http://petitions.pm.gov.uk/ GaryMcKinnon/

We the undersigned petition the Prime Minister to Stop the extradition to the US of accused hacker Gary McKinnon.

This petition closed on 27 August 2007 with 876 Signatures.


There is a petition on a web petitons site, which is open for signature:

Stop the extradition of Gary McKinnon to the United States

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.


There is another current No 10 Downing Street website Petition to the Prime Minister (Gordon Brown):

http://petitions.number10.gov.uk/US-extradition/

We the undersigned petition the Prime Minister to Scrap the US/UK extradition treaty


Another Petiton (August 2009): Sign up 4 Gary McKinnon:

We, the undersigned, call on the Prime Minster Of the UK and Alan Johnson and the UK Government, for Gary to be tried in the UK- FREE GARY.

Petition to Stop the Gary McKinnon extradition to the United States (November 24th 2009)

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

Blog Links

Spy Blog - Privacy and Civil Liberties commentary and campaigns

Rat's Blog - The Reverend Rat comments on London street life and technology

Dr. K's blog - Hacker, Author, Musician, Philosopher

Legal Links

Kaim Todner - solicitors

November 2002 Grand Jury Indictment (.pdf)

November 2002 Grand Jury Indictment with all the "censored" IP addresses revealed by "cut and paste".

Virginia Indictment - November 2002 Department of Justice press release

New Jersey Indictment - November 2002 Department of Justice press release

New Jersey indictment - full text

Military Commission Order No. 1 (.pdf) - signed by President George W. Bush, March 21st 2002.

Extradition Act 2003

Computer Misuse Act 1990

Read the Foreign & Commonwealth Office official online  and printed copies of the unbalanced USA - UK Extradition Treaty - it even uses American English words and spellings e.g "offenses" and "authorize" ! Extradition Treaty between the UK and the United States of America with Exchange of Notes Presented to Parliament: June 2007 (.pdf)

Statewatch's analysis of the civil rights defects in the UK-US Extradition treaty

Oral Evidence on UK-US Extradition Treaty given to the House of Commons Select Committee on Home Affairs on 22nd November 2005 given by Senior District Judge Tim Workman; Ms Sally Ireland, Senior Legal Officer, JUSTICE; Andy Burnham MP, Parliamentary Under-Secretary of State, Home Office

International Extradition Blog - by McNabb Associates a law firm that specialises in international extradition cases.

The Appeal Court Judgement issued on 3rd April 2007 is now online via the BAILII database

The House of Lords Judgment - 30th July 2008:

McKinnon (Appellant) v Government of the United States of America (Respondents) and another

Gary McKinnon's statement to the Director of Public Prosecutions, January 2009, published by Computer Weekly: US took 39 months to demand McKinnon's extradition.

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009) - Oral Hearing which allowed a Judicial review on the Asperger's Syndrome aspects of the case, to be held some time after 16th March 2009

Computer Weekly have published Crown Prosecution Service Review Note 3, which explains some of the reasons why the CPS found insufficient evidence to prosecute Gary in the UK, including some inadmissable hearsay, and doubts that some of the alleged computer foresnic evidence was up to the ACPO guidlines for ensuring an untampered chain of evidence, and doubts about the unproven amount of alleged financial damage being claimed.

The British and Irish Legal Information Institute have published the text of the two combined Judicial Review Judgments made against Gary McKinnon which were handed down on Friday 31st July 2009:

Lord Justice Stanley Burnton and Mr. Justice Wilkie's refusal to allow Gary McKinnon's case to be certified to go up to the Supreme Court on appeal,handed down on Friday 9th October 2009.

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2449.html Cite as: [2009] EWHC 2449 (Admin)

Other Links

London 2600 - open monthly meeting which discusses IT Security and Technology etc., from both sides of the fence.

Egypt 2600 - just like London 2600, but in Egypt, also interested in the Gary McKinnon's case.

School of the Americas Watch - information on the notorious "School of the Americas" renamed to the "Western Hemisphere Institute for Security Cooperation" in Fort Benning, Georgia.

The Disclosure Project serious research about possible UFOs

Wikipedia entry for Gary McKinnon - has links to several media interviews etc.

Scottish Human Rights website inspired by thinking about Gary McKinnon's case, and realising that similar things could so easily happen to you. The law in Scotland is somewhat different from the rest of the United Kingdom.

free_babar_ahmad.jpg
Free Babar Ahmad - another British (Muslim) IT worker, also facing extradition to the USA, also at risk of a Military Tribunal.

FriendsExtradited.org - campaign support for the Enron / NatWest 3 bankers - David Bermingham, Giles Darby and Gary Mulgrew facing extradition extradited to the USA for alleged crimes committed in the UK.

Stop the Extradition of Sean Garland - an Irish Republican politician arrested in Belfast, also facing extradition to the USA for alleged crimes committed in the UK or in Russia.

www.notoextradition.co.uk - petiton Labour MPs to support the amendments to the Extradition Act 2003 passed by the House of Lords to the Police and Justice Bill, when it comes before the House of Commons at Report Stage on the 9th and 10th of October 2006. About 50 Labour MPs are required, as all of the Conservatives, Liberal Democrats and most of the other minor Opposition parties are committed to support these amendments.

Howes Family Extradition Fight - amother extraordinary extradition case to the USA.

Financial appeal to sue the UK Government - Ross Hemsworth, an online radio presenter of paranormal and UFO investigations, is trying to taise £5000 to initiate legal proceedings, with the help of top human rights law firm Bindmans LLP, against the Home Secretary, to "challenge the government's refusal to review the unjust and one-sided extradition treaty with the USA."

www.garymckinnon.tk - support website for Gary McKinnon by Ed Johnson.

Gary the musician

Gary McKinnon is, amongst other things, a musician and songwriter.

You can download a couple of his songs from the low budget film Lunar Girl which was produced in 2001.

The video from this film of Only Fool, still available on YouTube, was very popular on MySpace, until it got censored.

How not to research a thesis on Gary McKinnon

This blog tries to be helpful to journalists, documenatry film makers, book researchers etc. who are researching the background of the Gary McKinnon extradition story.

For those academic thesis supervisors using search engines or academic plagiarism detection tools, here is an example of how not to "research" a thesis or dissertation about the Gary McKinnon extradition case.

See the comments by "Eye4Lies" in the comments on starting at House of Lords Judgment against Gary McKinnon now online and again at European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008