BBC: Hacker wins court review decision - Judicial Review after 16th March 2009 for Gary McKinnon

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.