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.
January 2009 Archives
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
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:
Before LORD JUSTICE MAURICE KAY and MR JUSTICE SIMON
Tuesday 20 January, 2009
At half past 10
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
Appeal by way of Case Stated
CO/9771/2007 Writtle v DPP
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
Doughty Street Chambers, Thursday 15th January 2009
|Professor Simon Baron-Cohen||David Burrowes MP|
|Janis Sharp||Questions from the Press|
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:
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 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
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.