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Gary McKinnon: Britain's hacking hero?

Posted on 15 May 2009 at 16:31

This argument was first presented at Bow Street Magistrates Court in May 2006 and rejected. Trips to the House of Lords and the Law Lords would follow and meet with similar failure, before being totally undermined by Lord Brown of Eaton-under-Heywood's written judgement that, "the difference between the American system and our own is not perhaps so stark as the appellant's argument suggests".

The situation would become so desperate that Todner would write to the director of public prosecutions, offering a full confession in return for trial in the UK - an offer that was rejected due to insufficient evidence. A final rejection by the European Court of Human Rights in 2008 left McKinnon standing on the precipice, with Todner admitting on the court steps that her client "could face extradition within a fortnight".

The Asperger factor

A week after the European Court disappointment, McKinnon was thrown a new and unexpected lifeline. Simon Baron-Cohen, professor of Developmental Psychopathology at the University of Cambridge, diagnosed him with Asperger's syndrome - a type of mild autism that leads to obsessive behaviour.

According to Baron-Cohen, McKinnon's Asperger's syndrome would have driven him to compulsively pursue his interest in UFOs. He warned of dire consequences for McKinnon should he be extradited: "Deportation to the US to stand trial and potentially serve a prison sentence there would be the worst possible outcome for this gentle young man who suffers from depression and suicidal feelings," he said. "People with Asperger's syndrome find it hard to manage change or share a living space with other people. He should be tried in the UK and not treated as a terrorist, but as a man with a social disability."

With the diagnosis in place, the tone of McKinnon's defence changed noticeably. Karen Todner and his family quickly began to repackage McKinnon not as the over-curious computer geek, but as a vulnerable adult being bullied by our Government and the US.

The new tactic played well with the mainstream media and politicians, but it angered many Asperger's syndrome sufferers who felt it was undermining their struggle to be seen as capable members of society. "I'm appalled that you use Asperger's as an excuse for his actions - it's not," the admin of autism advocacy website AspieWeb.net wrote in an open letter to Gary McKinnon. "I have no doubt anyone with Asperger's syndrome could survive a prison sentence. I also must call your attention to how counter-productive your cause is for people with Asperger's attempting to advocate for their rights."

Nevertheless, the Asperger's syndrome diagnosis gave McKinnon's legal team a basis to request a judicial review of the Home Secretary's original decision to allow extradition, leaving the High Court to decide whether extraditing a man with this syndrome violates his human rights. If the review finds in his favour, he may even walk free.

Which leaves Gary McKinnon teetering on the same precipice that first opened up before him in 2002. Only now, the feeling persists that he might finally be out of second chances. So, should we feel sympathy for McKinnon? It doesn't really matter. The only opinion that matters will be delivered by the courts on 9 June, at which time all the headlines in the world won't help Britain's most famous hacker.

Author: Stuart Turton