OMEN
01-23-2009, 12:25 PM
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.
'No malicious intent'
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.
Mr McKinnon has always admitted hacking into the computer systems in 2001-2 -which the US government says caused damage costing $800,000 (£550,000).
He has always said that he had no malicious intent but was looking for classified documents on UFOs which he believed the US authorities had suppressed.
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.
If his legal team could persuade the DPP to try Mr McKinnon in the UK, he would face a three to four year sentence, rather than a potential 70 years in US courts.
BBC
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.
'No malicious intent'
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.
Mr McKinnon has always admitted hacking into the computer systems in 2001-2 -which the US government says caused damage costing $800,000 (£550,000).
He has always said that he had no malicious intent but was looking for classified documents on UFOs which he believed the US authorities had suppressed.
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.
If his legal team could persuade the DPP to try Mr McKinnon in the UK, he would face a three to four year sentence, rather than a potential 70 years in US courts.
BBC