McKinnon may get extra time to appeal

 

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By Reuters

Posted on 2 Dec 2009 at 08:02

Home Secretary Alan Johnson says he cannot stop the extradition of Gary McKinnon, but he is considering granting extra time for a judicial review of the case.

Johnson told the House of Commons he was considering an appeal by McKinnon's lawyers to extend the seven-day period they have to apply for a judicial review.

McKinnon, who suffers from Asperger's syndrome, a form of autism, could also apply to the European Court of Human Rights in Strasbourg within 14 days of the decision.

"As I have said at every stage of these proceedings, we will not commence extradition proceedings until all legal avenues Mr McKinnon wants to pursue have been exhausted," Johnson said.

As I have said at every stage of these proceedings, we will not commence extradition proceedings until all legal avenues Mr McKinnon wants to pursue have been exhausted

McKinnon was arrested in 2002 after US prosecutors charged him with illegally accessing computers, including at the Pentagon and NASA, and causing $700,000 worth of damage. The US Army's entire network of more than 2,000 computers in Washington was shut down for 24 hours in what U.S. authorities called "the biggest military hack of all time."

Failed appeals

The hacker's lawyers argue that extraditing McKinnon would be detrimental to his health. The High Court had accepted that his extradition could have consequences for his health, but judges ruled that the process of the law overruled those concerns, while Johnson said he was powerless to prevent the extradition.

McKinnon's lawmaker, David Burrowes, has accused the Home Secretary of being "spineless," pointing to concerns about McKinnon's possible suicidal tendencies. "How ill and vulnerable does Gary McKinnon need to be to not to be extradited to the United States?" Burrowes asked.

In October, McKinnon was refused permission to appeal to the Supreme Court.

McKinnon's lawyers describe him as a "UFO eccentric" who used the internet to search for alien life.

If he is convicted by a US court, McKinnon could face up to 70 years in prison.