The UK Supreme Court Judgment in the case of Ian Norris, the former head of Morgan Crucible plc, has been published and is available online:
Norris (Appellant) v Government of United States of America (Respondent) (.pdf)
The Times reports: Industry chief loses six-year US extradition battle
This case yet again shows how the Extradition Act 2003 makes it, in practice, impossible for Judges to apply the Human Rights Act / European Convention on Human Rights Article 8 (""Everyone has the right to respect for his private and family life, his home and his correspondence.") to appeals in Extradition cases.
However they seem happy enough to do so, in cases of Expulsions or Deportations under Immigration laws or for convicted foreign nationals.
This is bad news for the Gary McKinnon case, which is to be Judicially Reviewed in May.
For no good reason the UK Supreme Court Law Lords also seem unwilling to defend British sovereignty, in cases, like that of Ian Norris or the NatWest 3 bankers (referred to as the Bermingham case in this Judgment) or, of course, Gary McKinnon, where someone could be been tried in a British Court, rather than a United States one.
67. Extradition proceedings should not become the occasion for a debate about the most convenient forum for criminal proceedings. Rarely, if ever, on an issue of proportionality, could the possibility of bringing criminal proceedings in this jurisdiction be capable of tipping the scales against extradition in accordance with this country's treaty obligations. Unless the judge reaches the conclusion that the scales are finely balanced he should not enter into an enquiry as to the possibility of prosecution in this country.
Why ever not ? There is no universal principle of international law that demands this at all, and many countries do not allow extradition of their nationals to foreign jurisdictions under any circumstances - they conduct a trial in the home country.
Elle
We need open government! Free Gary!
http://www.timesonline.co.uk/tol/news/world/europe/article7041727.ece
Honeybear
Ian Norris's defeat demonstrates the huge disconnect between ordinary British people and their elected officials. After spending the last week reading the articles in the ENCYCLOPAEDIA BRITANNICA about Human Evolution, the Theory of Evolution, European History and Culture, and Ancient European Religions, it's apparent that the people who now run the UK have turned their backs on [European]
"statesmen [who after World War II]
began to seek ways of uniting Europe
peacefully on a basis of equality
instead of domination by one or more
powers." (E.B., 2007, v. 18, p. 590)
Brown, Blair, and Company, have sided with the U.S. and are following the pre-W.W.II foreign policy of uber-nationalism. So, Norris and Gary are sacrificed in the quest for domination. I have to state that the British monarchy have a much more modern and European outlook.
This is because, right after WWII, the U.S. military-industrial complex brought more than 1,000 Nazi scientists, doctors, and geneticists over to the U.S. The result has been to reinforce the racism of the U.S. establishment (please read the section: Race; in Human Evolution). The people who run Amerika decided to continue the Third Reich, here in Amerika, even though it was defeated in Europe.
The British monarchy didn't participate in the rescue of Nazism after its military defeat. But, Gary's elected officials have decided to support the New World Order led by the U.S., which, unfortunately, is not new. From what I've seen of British politicians during Gary's ordeal, I must call for the restoration of the British Monarchy or that which the Greeks gave us - Democracy!
Stu
Honeybear
You are talking complete & utter rubbish. You may not agree with all of America's foreign policy decisions - and I'd have to agree the Bush era was a disaster for America's standing in the world. But to suggest that the American establishment is rascist when they now have a black president is patently absurd.
And the last time I looked, the UK Monarchy was still going strong - or are you in fact suggesting we should go back to a system of dictatorial Monarchy - surely this would go completely against your ideas on democracy?
I'd agree that our current crop of politicians have failed somewhat in their duty of care towards Gary and this is why I looked forward to seeing the back of the blundering one eyed Scottish moron and all his incompetant mates come May 6th!
Elle
I agree with you Honeybear. There is no such thing as Democracy - just Profit. Like prostitutes, all are in it for the money - no rules, no ethics no consience. Whatever needs to be done to pass the buck is done. The Elite Magistratus.
Honeybear out of hibernation
Elle is spot on. Corporations run Amerika. The officers and board of directors\governors are chosen by shareholders; not employees. officers run corporations not to provide society with better products or services nor to provide employees with a good life; but to increase profits for shareholders. That's why they'll layoff tens of thousands of employees and why they'll continue to receive their salaries and bonuses that are guaranteed by legally binding contracts. Profits before employees - property rights before human rights. If you're laid off can your democratically elected Member of Parliment or Prime Minister do anything about it at the time? Your bosses control the neighborhood you can afford to live in, the quality of education your children receive, and in Amerika, if your family can have adequate health care and nutrition. Yet, you had no say in electing them, though they control your life; your so-called democratically elected government officials are a joke.
All that has to be done is allow employees to have a vote in the election of their corporations' officers and directors. That would save capitalism. Then we wouldn't need a miniumum wage or other socialist programmes or unions.
Amerika's foreign policy has been consistent from the 13 original colonies until today. It's best summed up by the phrase: "Manifest Destiny." It's wars in Iraq and now in Afghanistan are the same as in North America against the Native Americans. The Mexican American war and the Spanish American war were no different. Even at the local or tactical level with the rapes, kidnappings, torture, individual murders, and mass murders, the pattern is obvious. I love that the ENCYCLOPAEDIA BRITANNICA cited "the influential American political philosopher, Thomas Jefferson, as a proponent of race inequality (E.B., 2007, v. 18, p. 847. He just ignored the Supreme Court's decision that the removal of the Cherokee was unconstitutional. Bush also committed crimes in the same way. You're ignoring patterns that clearly demonstrate the racism of the Amerikan establishment today. Thomas Jefferson is still held up as a good example by the today's establishment.
The Royal Family is being side-lined and emasculated in New Labour's rule of Britain. Prince Charles especially has proven that the British Monarchy is more modern and more European than the current crop of politicians. You've also got the Commonwealth of Nations as well as the European Union, that if developed and strengthened would bring peace to the world.
But, doing so would acknowledge that the Monarchy has an important role to play in British society and the world. The leaders of the Anglo-Amerikan uber-nation, want to dominate the world and are using N.A.T.O. and new wars to prevent Europe from developing and becoming a leader for world peace. You must read a little bit more. I also suggest the article "European Religions, Ancient." Our homo-sapiens-sapiens ancestors, when they came out of Africa, didn't do anything at all like the Nazis, Amerikans, and today's Third Reich (the New World Anglo-Amerikan uber-nation) have done are doing now.
David
You should tell your Facebook friends (Save Gary McKinnon from Extradition - 700,000 plus members) they are doing Gary's cause a disservice by changing the group's name aim and purpose from Stop Facebook Owning its Users' Photos to the Gary McKinnon group. I did not appreciate it when I realised I had been co-opted into a group without my knowledge. Neither do others, by the look of it. More that 2,000 people have left the group since last week. 700,000 plus members? Not anymore.
fg
@ Honeybear - surely none of that has anything to do with Gary McKinnon directly ?
fg
@ David - tell them yourself - that Facebook group is nothing to do with this blog.
It is so obviously something that will annoy a lot of legitimate Facebook group members, that perhaps it deliberate anti-Gary propaganda, but there is little to be done, except to ignore it.
Facebook will either claim that they were "hacked", or more likely, just ignore your complaints.
Honeybear
fg, it does. Gary is one of several test cases or precedents in Amerika's attempt to dominate the world. By being arbitrary and capricious toward Gary, the U.S. is weakening British sovereignty and at the same time using its very close relationship to keep Britain out of a united Europe. If you read those articles in the E.B., you can figure out that the U.S. and its supporters in the British government are setting a new course for civilization that rejects the lessons of WWII. Gary is a pawn or even a human sacrifice in their warped way of life.
God save Gary.
Honeybear
This wierd. Someone is monitoring this blog and then building upon what's posted here.
1. Gary vs. the NSA
2. Honeybear's insight into modern Europe and
civilization
http://www.rense.com/general90/look.htm\
Look Who's Building The
New NSA Complex In Utah
By True OTT
3-4-10
xxxxxx Construction is wholly owned by none other than Hochtief AG - Adolph Hitler's construction giant. All of the Nazi defenses on both the Eastern and Western Fronts were built by Hochtief - including Hitler's infamous "Wolf's Lair", his Berghoff castle retreat, the "Fuherbunker" in Berlin, equipped with numerous hidden exit tunnels, and of course all of the concentration camp labor was used free of charge by Hochtief.
Seehttp://en.wikipedia.org/wiki/Hochtief
Funny how xxxxxx Construction handled the cleanup of the World Trade Center, as well as Oklahoma City's Murrah building. They built the United Nations building! I think it's safe to say that Hochtief AG/xxxxxx is the Illuminati's contractor.
fg, can you really deny that Gary is a pawn in an uber-nationalist conspiracy?
fg
@ Honeybear - why have you censored the name of the US subsidiary of the German construction company ? They are only reported as being interested in bidding for the contract, so they may not even be on the (secret) short list of bidders at all. The article you quote is factually wrong e.g. with its claim about "All of the Nazi defenses on both the Eastern and Western Fronts" - try looking up Organisation Todt. The cost of the building shell and basic services of an intelligence agency computer building is probably less than 10% of the cost of the equipment that it will eventually house.
None of this is directly relevant to Gary McKinnon's extradition case.
Just for fun, you should try out Wired magazine's online Conspiracy Generator script:
Print: 6 Elements Every Conspiracy Theory Needs
Honeybear hides behind his citations
I censored the subsidary's name because, if I'm right about Gary being used as a pawn in his extradition, as part of an attempt to weaken British sovereignty and interfere with European unity, then he'd be in more danger than just ending up serving life in one of the U.S's. brutal prisons. The secret (second) uber-government may decide that Gary's case is getting too close to them and it's time take Gary out of the game (am I beginning to sound like Elle?).
Gary's ordeal has to be seen as part of a matrix. Or, look at the whole picture and where Gary fits in. It's like in addition to tactics, there's strategy. Gary's not just an isolated problem.
Thanks for the info on Nazi Germany.
By the way, I may have made a mistake in implying that Thomas Jefferson was the U.S. president who ordered the Cherokee to Oklahoma after the Supreme Court ruled that doing so was illegal. Jefferson may not have been a president.
Honeybear hides behind his references
The public library has Safe Eyes and it messes up blogging some times. Did you get your answer fg, below?
I censored the subsidary's name because, if I'm right about Gary being used as a pawn in his extradition, as part of an attempt to weaken British sovereignty and interfere with European unity, then he'd be in more danger than just ending up serving life in one of the U.S's. brutal prisons. The secret (second) uber-government may decide that Gary's case is getting too close to them and it's time take Gary out of the game (am I beginning to sound like Elle?).
Gary's ordeal has to be seen as part of a matrix. Or, look at the whole picture and where Gary fits in. It's like in addition to tactics, there's strategy. Gary's not just an isolated problem.
Thanks for the info on Nazi Germany.
By the way, I may have made a mistake in implying that Thomas Jefferson was the U.S. president who ordered the Cherokee to Oklahoma after the Supreme Court ruled that doing so was illegal. Jefferson may not have been a president.
Elle Hart, Elec.Eng.Tech.
Now - looks like the new legal definition of "human rights" is the freedom to conceal information and punish IT companies that do not comply. What about Gary's human rights to a fair unbiased trial in the presence of his peers? Or are bureaucrats placing information above a person?
"Dick Durbin threatened to introduce legislation that would slap civil or criminal liabilities on Internet companies that do not take steps to protect human rights.
After a 2 March hearing before the Senate Judiciary Subcommittee on Human Rights and the Law, chaired by Durbin, examined IT industry business practices in Internet-restricting countries, Bloomberg reported that the Obama administration is considering raising the issue before the WTO."
http://www.eweekeurope.co.uk/news/google-china-hack-stole-source-code-5673
whatever
@Stu.
I don't think it matters that Brown is Scottish. Perhaps including someone's nationality in an insult to them may appear to sound racist.
As for Obama, he is a coconut. Brown on the outside and white on the inside. He has kept none of his pre-election promises and is in the same hands as every US president is - the hands of their campaign contributors.
Elle
http://www.youtube.com/watch?v=VjfaCoA2sQk
fg
The Daily Telegraph reports:
Elle Hart
Heads up people - last chance to get it - the plans are already in the works to tax and censor the internet.
see ::
http://www.v3.co.uk/v3/analysis/2259755/digital-economy-bill-shows-sign
And need I remind you that IANNA's contracts to ISP's are solely for ISP's to ALLOW ACCESS not to NOT ALLOW ACCESS!
Bet all you out there must be asking yourself -
Whatever information can be so important to those in power that they are motivated to go against the founding laws of our civilization and human rights - to have given and then take it all back in a panic of desparation?
We all have rights. Mot just the few.
At times I see hope for the world. Other times I see imminent doom. To turn around the defining qualities from profit to r&d would take a massive shake up. And I don't see that happening unless everyone demands their rights together.
free government access
free uncensored internet
free Gary McKinnon
Elle Hart
Gary - I say, that if you can't do something one way, then do it a different way. And in my head there are no rules but my own - my existance is under my control no other. I have been recently diagnosed with Aspergers, so I know how you think. You are like me - think outside the box. So what we are different then them, not our problem - theirs - if it ( genious savants ) is unappreciated. Please don't give up hope. You yourself knows that reality is boundless - all is connected. If you were to off yourself for this it would be a great disservice to all the rest of us and would place mine in peril.
Hey - check this out . They didn't like the censorship!!! Hahaha
http://www.tomshardware.com/news/DNS-China-Servers-Censorship-Firewall,9989.html
Elle
fg
@ Elle Hart - I wish you and all the other suffers from Asperger's syndrome the very best.
Gary's case against extradition to the USA, rather than facing proper justice in the UK, was morally very strong, even before his late diagnosis with Asperger's syndrome, well after the whole Kafkaesque extradition process was underway.
We have had lots of private emails from people who suffer from Asperger's syndrome and from their family members, both from the United Kingdom and from the United States of America, which are all very supportive of Gary McKinnon and his family.
The fact that this case has actually reminded the frontbench politicians of all political parties here in the UK, of the topic of Asperger's syndrome, Autism and Mental Health problems in general, must count as some small good to have come out of this wretched affair.
Elle HArt
It would be good also if this case also enlightened the general public as to the importance of truth and full disclosure of information - especially in a profit / capitalist driven civilization where deception and unethical practices are rampant.
Perhaps the mental health of the entire population is in question. I ask, is it 'normal' to do anything for a profit - lie cheat steal. Or is this a form of insanity in itself?
To me bogus information is the same as concealed information is the same as deception. Just like censorship. http://www.thinq.co.uk/news/2010/3/31/root-server-plugs-china-firewall-leak/ It is this secrecy that is so important to protect by those whom choose to keep others in darkness. Maybe we and others will look back on these days in Earths history and see that these were indeed the darkest of years.
Power to you Gary - Hack the Planet! Free the Planet!
Elle
R
John Harris - It's an illusion Part 1/5
If you were registered at birth, you did not consent to being registered as you were too young. When registered you are given a NAME..this becomes a NAME of a PERSON, a legal entity.
The Law prosecutes the PERSON that you allegedly represent from the time being registered. If you can turn around and say I did not consent to being that PERSON, that is not me I am a physical human being and not a PERSON and do not represent that PERSON, does the Law apply to you as a human being? John Harris explans:-
http://www.youtube.com/watch?v=V0IM7Hobd_k
fg
@ R - most legal systems, including those in the UK and the USA, have provisions to arrest, prosecute, convict and imprison people, regardless of whether the system knows their true name or not.
Stu
I realise that during an election, and especially THIS election, the economy is going to take centre stage, but this would be an ideal opportunity to try and get the one sided extradition treaty into our debates - otherwise I fear there is a danger that, once in power, Dave may convienently forget that he promised not to extradite Gary, and that fun & games could start all over again.
Not that I would dare to suggest that anyone as worthy as Dave would possibly dump Gary in it for reasons of political expediency.
I hope Janis has sought guarantees from the relevant people that this is not going to happen.
Fingers crossed come May 6th, this will all be over.
Patricia
I am sorry for your pain, however, I see no reason why a person can commit a crime and not be tried in the country that they commit the crime. I think the US judges are very capable of looking at his medical history and making a fair judgement. If he can commit a crime causing millions of pounds in damages, perhaps it is in the peoples best interest to have him locked away where he can't do this again. I am all for human rights, but the rest of us also have rights not to have crimes commited.
And as for his mother standing for election, no way would I support someone who is soft on crime, whatever the type.
fg
@ Patricia - Gary has always been willing to face a fair trial, based on actual evidence and witnesses, here in the United Kingdom, and if necessary to server any prison sentence here. Why do you not trust the UK courts to hold a fair trial ?
Where have you got the false idea that Gary really caused millions of pounds of financial damage from ?
Despite all the legal hearings on points of extradition law, the actual facts of the case have not yet been examined by any court.
There has, as yet, been no evidence presented to any court, justifying the wildly exaggerated claims of financial made in the allegations.
Jack Straw has been Home Secretary and is the current Secretary of State for Justice so he is one of the people who are personally responsible for being soft on crime and for messing up the criminal justice system, the prisons , the police etc.
Jack Straw's record on "human rights" is appalling . Ask any UK Human Rights or Civil Liberties campaign group and they will denounce him as one of the chief architects of Labour's repressive, authoritarian, bureaucratic "mechanised compassion" laws. which do so much "collateral damage" to innocent people, whilst being ineffective against serious criminals or terrorists.
Elle Hart
Patricia
Sounds like you too are yet another victim of the information wars. What must be considered is that the simple lack of critical information can lead us down the garden path. Hidden and concealed information can result in disastorous incidence. Sometimes all is required is a single missleading word to incite rage and motivate people to do things that they would not normally do - aginst innocent people - humanity itself.
Information = Power;
My question to you is how have you equated
1. Unsubstanciated allegations = Guilt without Trial?
2. Pro human rights = Soft on crime?
Elle
Stu
Patricia
I get the impression that you are not fully aware of the situation with this case. After 9/11 Britain signed a treaty with the US to allow fast track extradition procedures against any terrorists found to reside in the UK. This treaty was ONLY signed by the UK, the US conveniently have not signed.
Patricia - Gary has always accepted that what he did was wrong and has wanted to be judged to 12 of his peers in the UK. The UK parliament has for the last however many years allowed themselves to become lapdogs to the powers in the US and has allowed this sordid process to continue.
Patricia - is Gary a terrorist?
Gordon, if you're reading this, please for the love of God - JUST RESIGN you blundering idiot.
CS
Gary did something that he should not have done and it was done against one of your countries strongest allies. I'm sure he has no terrorist ties, however the information gained and the process used to gain it have had expensive consequences for the United Sates government... let alone the embarrassment of being hacked by a grown man still living in his mothers basement.
He should be tried in the U.S. court system because he committed a crime against the U.S. It's unfortunate for Gary, but I'm sure his verdict will be heavy handed in order to discourage like minded individuals from following the same path.
John replied to comment from CS
Recent Disclosure in court from the Crown Prosecution Service stated that the U.S had provided no evidence and only hearsay of their allegations against Gary McKinnon.
A computer expert that works with the police gave a statement to the court saying that the alleged financial damage was for security that NASA and the U.S military should have had installed in the first place, as even a basic firewall would have flagged up Gary's presence.
However, Shockingly! their were no passwords and no firewalls on thousands of NASA and military machines for years on end.
As Robert Gates says: 300 people a day still hack "WALK" into the Pentagon....> systems because their security is still useless.
A man from Romania hacked into the Pentagon and there was no extradition request and he was sentenced to 8 months in his own country.
A man from Israel hacked "walked" into the Pentagon and there was no extradition request and no sentence.
Others from the U.K including after 9/11 hacked "walked" into Americas military systems and were prosecuted in the U.K.
A young guy from New Zealand hacked "walked" into the Pentagon but no extradition request was made.
Gary was the only one that left cyber notes warning them that their security was virtually non existent.
Who should be prosecuted is those responsible for the Pentagon's computer security but as the American government didn't even manage to send up fighter jets to monitor planes that were flying off course for up to 90 minutes on 9/11 one heading towards the Pentagon, it is a sad reflection of the virtually non existent security of the Worlds Super Power.
Other countries appear to have the sense to ensure that any sensitive information is not on the Internet's public highway but is on an enclosed protected Internet.
Thank you to Gary McKinnon for exposing the major flaws in the computer systems of the Worlds superpower.
If Gary on a dial up connection 9 years ago on a 28k modem could so easily walk into the U.S military systems, then what could an actual terrorist with expensive equipment do.
Why are America not prosecuting "ANY" of the others from all over the world that enter their systems on a daily basis, rather than embarrasing themselves by trying to extradite a UFO guy with Aspergers Syndrome.
As 300 people a day are still hacking or strolling into the U.S military systems it's pretty obvious to anyone that extradition and heavy sentencing does not deter anyone.
We don't leave the doors of our homes open in the belief that sentencing will deter burglars from entering. That would be backward in the extreme and the same applies in this case.
If a securicor van full of gold bullion sat in the middle of a road unatended and with it's doors wide open for years on end and someone walked in and looked at the gold bars and left notes telling Securicor to close their doors, the driver of the van would not only be sacked but would be prosecuted and sentenced for gross negligence and no one would ever use securicors services again and no company would insure them.
It would be a national scandal and the joke of the century.
The company would also be prosecuted. Just as those in the Pentagon should be.
Gary should be thanked and given a medal for exposing the flaws in their systems and the American government should be deeply embarrassed.
Once the American public hear that their military security was so lax that a man from England on a primitive computer via a 28k dial up connection could so easily enter their grossly unprotected systems, heads in the U.S military will roll.
Gary McKinnon was a whistleblower and incidentally....was not in his mothers basement. Check the facts.