The Daily Mail newspaper has published another powerful letter, from Lord Carlile of Berriew, the Liberal Democrat peer and eminent QC, who is still the Government's Independent Reviewer of Terrorism Legislation and therefore well aware of extradition and national security issues.
An affront to British justice: Gary McKinnon extradition CAN be stopped, says Lib Dem QC
By James Slack and Michael Seamark
Last updated at 1:34 AM on 31st May 2010
[...]Home Secretary Theresa May has temporarily halted his removal to consider new medical evidence.
Mr Clegg - previously one of Gary's staunchest supporters - surprised campaigners when he said: 'What I haven't got power to do, neither has the Home Secretary neither has even the Prime Minister, is to completely reverse and undo certain legal aspects of this.'
Gary's solicitor Karen Todner said: 'I think Nick Clegg needs to understand there is no court decision the Home Secretary would be undermining were she to make a decision based on the medical evidence which she now has that Gary McKinnon
should not be extradited.'His lawyers are submitting new evidence to Mrs May, who is then expected to spend weeks considering it. Mrs May has also ordered a review of the 2003 Extradition Act.
Legal experts insist that - while lopsided - the Extradition Act does allow Gary to be saved.
Advice obtained from human rights QC Tim Owen and Julian Knowles, one of the UK's leading extradition lawyers, by the Mail stated the Act 'gives the English courts the primary responsibility - but, importantly, not the exclusive responsibility - for ensuring that...safeguards are maintained'.
They went on: 'It is therefore plain the Home Secretary has the power - and indeed the duty - to intervene in any extradition case, even after the court process has ended, if the evidence establishes that there is a real risk of a human rights breach should extradition proceed.
'Statements made to the contrary are obviously and plainly wrong.'
Lord Carlile's letter in full'I welcome the Home Secretary's recent decision to delay the Judicial Review in the case of Gary McKinnon.
Theresa May was right to agree to reconsider the lawfulness of extraditing this vulnerable but misguided computer obsessive, in the face of compelling medical evidence as to the risks associated with enforcing his extradition.
It takes a principled and wise Secretary of State to hear the advice of civil servants, political advisors and Government law officers and yet still take on board that available from third party legal advisors outside Whitehall.
Twice I have been compelled to set out my views, based on expert legal opinion of others, to Mrs May's predecessors This case is not only of legal importance, but also of considerable public interest and concern.
One of the submissions to the High Court in London by the Home Office's lawyers last year stated that 'the Home Secretary is powerless to stop this extradition'. It was then my view that this contention is wholly wrong in law - and this remains my view today. Clearly a misunderstanding of a Home Secretary's powers should not be used as justification for a decision to extradite this unfortunate British citizen.
There is no doubt that Mr McKinnon could be prosecuted in this country, given that the acts of unlawful access occurred within our jurisdiction (ie from his computer in North London) and that he has admitted the offences.
I am not alone among experienced lawyers in considering the Home Secretary has the power to halt this extradition. I have read the opinion of the brilliant public lawyer Edward Fitzgerald CBE QC: he has reinforced my view that laying the circumstances for a domestic prosecution is not only within the power of this Government, but is wholly justifiable.
US prosecutors should now accept the singular circumstances of the case. It is a one-off, that suggests no precedent for other cases. They should accept that the British authorities should be entitled to deal with the case in full, taking fully into account the impact upon the alleged victim agencies in the USA, such as the Pentagon.
It is wholly conceivable that the US authorities would seek to prosecute their own citizens in lieu of extraditing them to Britain, were the circumstances reversed.
The English legal system is perfectly positioned to deal with cases of this nature making McKinnon's extradition both unnecessary and disproportionate.
Moreover, a decision to prosecute here would not be without precedent. There have been at least three other cases of hacking into US computer systems that have been prosecuted in the UK. It is unfathomable why Mr McKinnon should be treated differently.
This case has rumbled on for over 8 years. A just, compassionate and lawful decision is seriously overdue. The choice is not just to extradite or set free. There should be a UK investigation and where real evidence of unlawful behaviour exists, Mr McKinnon should be held to account.
However, for this to happen our Government needs properly to take responsibility for this case rather than cede prosecution to another jurisdiction.
The prolonged wrangling over his case discredits the previous Government and shines an uncomfortable spotlight on the workings of the Extradition Act 2003.
In my view, our extradition arrangements need urgent examination, particularly to allow judicial consideration of the correct jurisdiction for prosecution where more than one country seeks to lay claim (known in legal terms as natural forum).
As parliamentarians, we should recognise our primary duty is to protect not only British interests but also the most vulnerable and eccentric in our society.
By all accounts the uncertainty in this case continues to have a severely detrimental effect on McKinnon's mental health. His and his family's anguish is evident to all.
This is an exceptional case, worthy of exceptional consideration. I believe we now have the Government to give just that.'
Robin Cain
A simple point. The Americans do torture people. There is ample evidence, indeed photgraphic evidence of this torture. Especially invoking "anti-terrorism" and "national security"
My question is this: why will we not even deport foreign criminals from Britain to their own countries where torture occurs and yet send one of our own to face god knows what in the US. Maybe the US has given "assurances". But then, so does Egypt.
Answer has to be that this case is the classic, defining case of a Labour Government so in thrall to the Americans that nothing at all was out of bounds. Until we see the US more clearly and deal with them more cooly we place ourselves in peril just as Gary is in Peril. What needs to change is our relationship with America. And soon
Brian Howes
Sorry to say fg, the above is not the defining case, as others face even worse treatment and are currently more ill than Gary McKinnon.
You lost your credibility when you let Janis Sharp and others and maybe yourself indulge in several identities to give the impression of more support than really exists or existed.
I do not expect you to allow a real person to tell the truth here, but I will just copy and paste it to Twitter, even the twitter accounts Gary McKinnon supporters have are several.
Gary McKinnon should not be extradited, I can make a stronger case with Liz Prosser and my wife who has Cancer.
When a campaign to save one person persists in claiming Gary McKinnon to be the defining most unjust case, people like me will respond in kind.
Even Wanton Child by Gary McKinnon made the top ten in the world, not because it was good but because I manipulated My-space.
How can the public know who is real on this forum when people are using several identities?
Enjoy your Blog.
Cliffsull
What a greedy person you are Brian.
Having just experienced your wife on Twitter , where she called me a #tosser for saying that the #freegary tag was about Gary - i can see that you are a disagreeable lot.
The hashtag on Twitter was setup for Gary Mckinnon - not for you or your wife?
#freegary is about and for #GaryMckinnon and so that shall remain.
How many supporters of Gary there are and however many names/aliases/accounts they use - is their business - You should paddle your OWN canoe mate?
Shame on you for your show of dis-unity to the anti-Extradition camp.
Your case has ALL the merit of Gary's - we ALL believe that to Extradite with no evidence is wrong.
In your own case - you guys are charged with 'knowingly' supplying chewmicals which 'could be' used to manafacture illegal drugs?
If you want to 'attack' Gary's Mother, #fg or any of Garys supporters - then you do yourself NO favours.
Agreed that the chemicals 'were' perfectly legal in the UK at the time - but - also you must remember that they were tracked back to you from the US.
I WILL ONLY SAY THIS - you have your OWN hashtag and you really should stick to it !
The only similarity between your cases is EXTRADITION - so GROW UP !
Climb out of your pram and Pick up your dummy !
SHAME - SHAME - SHAME !!!
Eyes4Lies
Wow this is really something to observe and read about. A Drug Profiteer squabbling with a Vandalistic Hacker over who is more deserving of being able to avoid prosecution for their crimes.
I guess if you ever needed some defining examples of pathetic, this would have to be one of the prime examples. It is hard to pick which emotion this brings out...pity or disgust. I believe I would have to choose the later.
See you both over here in the Grand US of A soon. ;)
Julie
Brian Howes
Brian, Janis has done nothing but raise your cases profile and others when campaigning for her son. Her heart is in the right place and always thinking of others who are also in need of help to stop them being extradited. Please remember this! This is about saving people from being extradited from their home country and civil liberties.
fg
@ Brian Howes - even though you seem to be very jealous of the publicity and support which Gary McKinnon has, I still support your case for being tried in the UK rather than being extradited to the USA.
Unfortunately for you, your spiteful, negative online campaigning, has lost you a lot of sympathy.
Honeybear
Is Brian Howes that chap who a few years ago posted a message that he was suicidal? That message wouldn't have helped anyone suicidal. I'm glad that "Brian" is still around. Love your neighbor really does help.
Elle
Interesting book. I am reading `Body of Secrets - Anatomy of the ultra secret National Security Agency`. According to the book, anything that threatens national security is an enemy, given. However - a threat includes any element that which causes LOSS OF PROFIT! And as such worthy of military action. Thus, anything that initiates a loss is a target.
This concept is important to understand the mindset of usa.
The book also outlines how wars are manufactured for profit. It is obvious that 911 was manufactured. And the only threat that Gary McKinnon poses to the us is disclosure of secrets.
My question to the extradition supporters - why pursue Gary anyways, instead of trying to bury the evidence, you should go public and be proud of being who you are - corporate ho`s - if the truth creates discomfort then that is unproductive and can cause loss of profit in itself - which by definition, makes one also a terrorist.
Way I see it is Gary didn`t cause the US any loss of profit - so give it up. Concentrate on hackers who only cause loss of profit. And come out of the closet for christs sake- stop living in denial.
Elle
Nefertiti
Brian.
Gary's publicity helps everyone in the extradition queue.
When his extradition is stopped and the treaty comes under review, you should be glad of Gary's publicity because it will save you, your wife and kids too.
Honeybear
Gary's listed in the GUINNESS WORLD RECORDS 2010: THE BOOK OF THE DECADE, on page 153, under "Biggest Military Computer Hack" and on the very next page under "Highest Defense Budget," the USA is stated to have the world's largest defense budget, to account for %48 of the world's military spending, and have a defense budget that is greater than the next 44 highest-spending countries combined.
How could money or LOSS OF PROFIT matter? Something else is going on that's being kept from us. It's mind control. If we buy into the establishment's way of thinking, then they win. Gary was looking for alternative energy and alternative knowledge and he's still free because he still has an alternative mindset. He rejects the establishment mindset. Bigger is not better. Think out of the box.
1. How could Gary have penetrated the "Biggest and Largest" if money mattered and you agree with the establishment mindset?
2. How could the "Biggest and Largest" have lost the Vietnam War if money mattered and you agree with the establishment mindset?
3. How could one man, Gary, still be holding out against the "Biggest and Largest" if money mattered and you agree with the establishment mindset?
4. How could any person, group, or country act contrary to the wishes of the "Biggest and Largest" if money mattered and you agree with the establishment mindset?
Honeybear
I just dedicated a web-page to Gary. Check it out. There'll be more. If anyone has questions about the r/m field, ask fg.
Honeybear
The page is named: ADD and it's at:
http://thegoshinyamajujutsuandcomputerclub.netfirms.com/add.htm
Joseph D. Yuna replied to comment from Robin Cain
We torture people. I say sir, you are a liar, a coward, and supremely ignorant.
A veteran of 24 years of serving thru the enlisted and officer ranks, and working and living in the Middle East thereafter, and returning to the USA in 2006, I say you are an utter fool. If you want to know what torture really is, then you need go no further than your own arrogant land and its barbaric behavior in the Irish prisons and interrogations.
Or perhaps you have personal experience with the techniques in Africa or the Persian Gulf area? I think not.
The point is I would have been diagnosed an Ashberger's candidate in my childhood under present medical symptoms, but attained an engineering degree, was highly successful in military and civilian life, and had a family that taught responsibility, and enforced it throughout my life.
The age of this gentleman is indicative of a dawdling mother, and the typical European syndrome of living off the folks rather than getting on with life form the age of 18.
Pain and punishment for what this wanton hacked has done is in order. Any person smart enough and willful enough to do what he had done deserves the fullest measure of justice whether it be American or British. Short of torture, he should feel the pain of risking our lives while knowingly playing around in the name of UFO skulduggery.
Only an equally claimed idiot would fall to this mother's plea of mercy. This is a man, a British citizen who should be arrested and punished under British law, and not under American justice system.
But unless the British have the guts to be the British of historical olde, then perhaps bringing him to the USA to punish him may be in order after all. Here men are real men, and make no excuses or need mother's tears to shield them from their own folly and crimes.
As far as torture, listening and reading these liberal freaks cries about something they know nothing about, but I highly recommend we send them abroad to experience the real world's hate for western civilization and Christianity first hand. then perhaps they would love the culture and civilization that stemmed from England when honor and queen and country were far more valued than life itself.
Gary McKinnon is a poor excuse not just as a man, but as a representative of the cut and mold of the typical Englishman.
fg
@ Joseph D. Yuna - it interesting that even with your contempt for "Europeans" you agree with us that
However you are very wrong about
Gary did not risk anyone's life !
Gary did not cause the appalling weaknesses in the US military computer network (no internet firewall, no local administrator password !), he only exploited them.
But so did lots of other people from around the world, including "Chinese" and "Russian" intelligence agencies etc.
What should really infuriate any former US military personnel like yourself, is the betrayal by the senior military officers, civilian defense contractors, government bureaucrats and politicians, who , either through incompetence, or corruption, or perhaps deliberate treason, failed to secure those networks, not just for a day or a week, but for over 2 years.
Any trial in the USA will see dozens or perhaps hundreds, of current and former US military officers either called to testify or questioned by the press and media, why they ignored all the security audits conducted during this period.
Honeybear
First and foremost, Gary should go to work for Wikileaks. Second, I was in the 101st Airmobile Division during the early '70's and I saw men fail physically. I also worked as a manual laborer in "Scandinavian" (giants compared to other men) Minnesota and saw many of my male co-workers, bigger and stronger than me, walk off the job at noon, to never come back or in one case, down on his hands and knees, dry heaving, during the heat of summer and then having his girl-friend drive to the work site to bring him one of her dresses and drive him home, because he couldn't take it.
Gary has done nothing to question his man-hood and you're obviously not qualified to express an opinion on the subject of machismo. To critisize Gary and other Europeans because they have strong family ties and mothers who fight for their children indicates that you're a good American - a sociopath. God save the world.
Honeybear
Hey, my web-site has been shut down. Good News, huh? It was on a server in Canada. It seems that the U.S. government is now going on the offensive against its critics. It'll be interesting if it becomes more stubborn in Gary's case.
The Pentagon is probably freaking out that it will have to treat Gary fairly. Anyway, if I just took a hit for Gary or Wikileaks, so much the better.