July 2009 Archives

Gary McKinnon's solicitors, Kaim Todner LLP, say that:

The judgments in the two judicial reviews, one against the Secretary of State and the second against the DPP, will be handed down on Friday 31st July

Another stressful time for Gary's family, friends and supporters.

UPDATE: The official UK Courts Service Daily Cause list at the Royal Courts of Justice, in the Strand, London:




Friday 31 July, 2009
At 10 o'clock

CO/9914/2008 The Queen on the application of Mckinnon v SS For Home Department

CO/4801/2009 The Queen on the application of Mckinnon v DPP

SS = Secretary of State
DPP = Director of Public Prosecutions

It will probably only take 10 or 15 minutes for the two Judgments to be "handed down"

The Judicial Review of aspects of the handling Gary McKinnon's extradition case (but not an actual trial where alleged evidence and witnesses can be cross-examined) is taking place this afternoon and, tomorrow.

See: Gary McKinnon: Judicial Review of the CPS/DPP decision not to prosecute in the UK - oral hearing set for 2pm Tuesday 14th July 2009

Meanwhile, those of you who have been touched by Gary McKinnon's plight, and that of other British people facing extradition to the USA, and of Asperger's Syndrome or Autism sufferers, may be interested in this music track:


original song by Graham Nash

This is a Plea to Barack Obama to come from Chicago, to help Change the World and to allow Gary McKinnon to have his life back

See the previous blog entry: David Gilmour to sing on "Chicago" protest song in support of Gary McKinnon

Online donations via PayPal will allow you to download this music track, featuring the talents of famous musicians: David Gilmour CBE, Bob Geldorf KBE, Chrissie Hynde and Gary McKinnon.

Donations to Asperger Syndrome and Autism Causes and supporting the fight to allow Gary McKinnon to remain in the land of his birth. Gary McKinnon and every other British Citizen has the right to a trial by his peers - Gary has no peers in America.
Monies will go to support the Autism Research Centre (ARC) and the National Autistic Society (NAS)

A CD, also featuring music by other artists, will be soon be available via EMI.

There is strong support for Gary McKinnon's case to be tried here in the United Kingdom, made by the eminent lawyer, former Liberal Democrat MP, and Independent Reviewer of this Labour Government's anti-terrorism legislation, Rt. Hon. Lord Carlile of Berriew QC,

Why it would be cruel not to put Gary McKinnon on trial in Britain

By Lord Carlile
Last updated at 11:24 PM on 05th July 2009


As a Parliamentarian with involvement in the law and an interest in human rights, I have twice written to successive Home Secretaries to urge that Gary be tried in Britain.
Lord Carlile warns that the decision to prosecute Gary in the U.S. would be 'cruel and unconscionable'

The medical evidence favours this overwhelmingly. If necessary, he could survive prison here without his life being wrecked beyond repair. The Government has argued that it cannot prevent the extradition as a matter of law, and has no discretion in the case.

However, it is wrong. According to the law, an offence can be tried in England and Wales, provided the conduct or its consequences took place in England and Wales.

Gary McKinnon's conduct was in England. He can be tried in England.

Like so many legal issues, the solution adopts common sense as the benchmark. To sum up, where there is an offence in the home country of the offender, there is an option for the home country to bring the malefactor to justice either by prosecution or by extradition.

So the Home Secretary is perfectly free to decide that Gary McKinnon should be tried and, should the necessity arise, be sentenced here in Britain. He can choose.

The choice in at least three other cases of hacking into U.S. computer systems has been for the trials to be held in the UK. Similarly, several fraud cases that could have been tried in the U.S. or the UK have been tried here


A further article in today's Daily Mail:

Terror law boss backs Gary McKinnon's fight: New support for Asperger's victim facing extradition

lists some more eminent supporters of Gary McKinnon:

  • Nick Hornby - award winning author
  • Barry Norman - film critic
  • Jilly Cooper - author
  • Trevor Baylis - inventor
  • Lord Clement Jones of Clapham - Chairman of the All Party Autism Group
  • Alan Simpson MP- Labour
  • Dr. Vincent Cable MP - Liberal Democrat Treasury Spokesman
  • Norman Baker MP - Liberal Democrat
  • Tim Loughton MP - Conservative Children;s Spokesman and Vice-Chair of the Parliamentary Group on Autism.
  • Peter Kilfoyle MP - Labour former Defence Minister
  • Lord Morris of Manchester - Labour
  • Dr. Dawn Heath - Psychologist
  • Mark Lever - Chief Executive, National Autistic Society

The Daily Mail reports on the meeting of Gary McKinnon's mother Janis Sharp, with Prime Minister Gordon Brown's wife Sarah Brown.

Sarah Brown's tears for Gary: PM's wife backs Mail campaign to stop extradition of man who hacked Pentagon

By Michael Seamark and James Slack
Last updated at 1:46 AM on 04th July 2009

Face to face in Downing Street, two women wept yesterday over the plight of an autistic man threatened with life in a U.S. jail.

Sarah Brown, the Prime Minister's wife, pledged her support to Gary McKinnon's mother Janis Sharp.

It was a huge boost to the Daily Mail's campaign to halt Gary's extradition on cyber-terrorism charges. And last night both David Cameron and Nick Clegg also gave it their backing.

Mrs Brown had written to Mrs Sharp saying: 'As a mother, I feel every sympathy for your strong feelings and admire enormously your dedication, courage and strength of maternal love in seeking to protect Gary.'

Yesterday they met and 60-year-old Mrs Sharp handed over a 4,000-name petition, arranged by the National Autistic Society, seeking protection for Gary and those like him.

Both women became tearful as Mrs Sharp described the traumatic battle to keep her vulnerable son, who has Asperger's Syndrome and is obsessed with UFOs, from forcibly being taken across the Atlantic to stand trial for hacking into Pentagon and NASA computers.

'I told her what it does to you,' she said. 'I told her it was with us every second, a seven-year sentence of fear, and she filled up with tears and I filled up with tears.

'She was very moved and was incredibly sympathetic. She is a lovely, genuine person who clearly cares about people. I think it was incredibly brave of her to meet us. It was very heartening.'

Gary's mother also asked Mrs Brown to pass on a personal plea to Michelle Obama, begging the President's wife to ask her husband to cancel the extradition request.

Mrs Sharp said her son had been 'incredibly lifted' by the Daily Mail campaign and that Mrs Brown had referred to it.

'She asked if I had seen the papers and what did I think of that? I told her it was brilliant. She told me to keep on with the campaign if we want to be heard here and across the pond.'

The 30-minute meeting between the two mothers was also attended by Trudie Styler, wife of the musician Sting, who initiated contact between Mrs Brown and Mrs Sharp.


In her letter to Mrs Sharp, Mrs Brown said 'that there are a number of people at Downing Street who are committed to following the case and providing what assistance they can'.

However Government sources said last night that while the Prime Minister 'understood the family's concerns', it would be 'difficult to intervene in the legal process'.

At the Downing Street meeting Mrs Brown was accompanied by two advisers. 'She greeted me with a kiss on both cheeks and she was very moved by what I had to say,' said Mrs Sharp.

'She basically said it is up to the courts, the legal way. I told her the extradition treaty should be for terrorists and the Americans were abusing the treaty.

'I told her how I had fostered children and turned their lives around and now I had to fight for my only son. She took it all on board.'


The article also quotes some of the celebrities and politicians who have expressed support for Gary McKinnon, including:

  • Trudie Styler - Actress, Producer and wife of Musician Sting
  • Sting (Gordon Sumner CBE) - Musician
  • David Gilmour CBE - Pink Floyd Musician
  • Julie Christie - Actress
  • Peter Gabriel - Musician
  • Keith Duffy - SInger and Actor
  • Emma Noble - Model and TV Presenter
  • Rt. .Hon. David Cameron MP - Conservative Leader
  • Rt. Hon. Nick Clegg MP - Liberal Democrat Leader
  • Rt. Hon. Charles Kennedy MP - former Liberal Democrat Leader
  • Rt. .Hon. Sir Menzies Campbell CBE QC MP - former Liberal Democrat Leader
  • Rt. Hon. David Blunkett MP - former Labour Home Secretary
  • Boris Johnson - Conservative Mayor of London
  • Kate Hoey - Labour MP
  • Rt. Hon. Tony Benn - former Labour MP and Minister
  • Terry Waite CBE - Human Rights Campaigner
  • Shami Chakrabarti - Director of Liberty Human Rights

The Daily Mail is a right of centre, politically powerful, daily newspaper, and it is wholeheartedly supporting Gary McKinnon in his legal fight against extradition to the USA, with today's front page article, and subsidiary articles, including their own online petition.

An affront to British Justice

Dear Home Secretary,

I believe the extradition of Gary McKinnon to the U.S. is unjust and inhumane because as an Asperger's sufferer a long prison sentence would be catastrophic for his mental health.

I urge you to use your discretion to allow him to be tried by an English court.

You can also contact Home Secretary Alan Johnson, independently of the Daily Mail:

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

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

Home Office Contact Us page

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 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
  • 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_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)

July 2014

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Free Gary website buttons

Either save this image and link to us, or copy the HTML code below into your web page or template:

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:


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


Gary McKinnon is now offering low cost Search Engine Optimisation services



Follow Gary's mother on Twitter


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://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:


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.


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):


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 - 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