Jacqui Smith slammed by McKinnon lawyers
THE UK'S HOME Secretary was "perverse and inhuman" in her rejection of Pentagon hacker Gary McKinnon's plea that his mental health made him unsuitable for detention in the US, the High Court was told on Friday.
Jacqui Smith, the Home Secretary, agreed to consider McKinnon's extradition after he was diagnosed with Asperger's Syndrome, a form of autism, in August. She dismissed his appeal last Monday. But on Friday afternoon, McKinnon's legal team applied to the High Court for a judicial review.
McKinnon's claim for a judicial review, a copy of which has been obtained by THE INQUIRER, raised Asperger's Syndrome again as the grounds to stay his extradition to a face imprisonment under conditions that have been criticised by human rights champions in the United Nations.
"Given the Claimant’s mental disability, the lengthy incarceration he faces and the likelihood that the loss of family contact and the experience of serving a sentence abroad," said the claim, made by renowned human rights lawyer Edward Fitzgerald QC, "It will expose him to a severe deterioration in his condition. It is perverse and inhuman not at least to seek an undertaking that he will not be repatriated," it said.
Smith had said she had no "residual discretion" to consider McKinnon's health. The claim asserted she did have a statutory right to do so, and that she had neglected it.
"Given Mr. McKinnon’s age, physical health and make-up as a person of great vulnerability with overt behavioural and social difficulties, the extreme duration and the degrading detention regime will subject him to intense physical and mental suffering," said the claim.
This would breach his human rights. Smith had rejected this defence because the evidence that McKinnon would serve time in a supermax prison, and that such prisons were operated under inhumane regimes, was flakey. But the claim said Smith's own evidence to the contrary was non-existent.
"Instead of informing herself the [Home Secretary] simply appears to have set out to undermine the evidence presented by the claimant," said the claim. "At the very least... the [Home Secretary] should have sought information and/or assurances from the US as to whether the Claimant will be detained in a Supermax prison rather than simply reaching her own conclusion without seeking any information or clarification from the US," it said.
Similarly, Smith hadn't even bothered to ask the US whether McKinnon could be repatriated to serve his sentence in the UK, when other countries such as Israel and the Netherlands refuse to allow extradition without repatriation at all.
It stands to reason, said the claim, that as the US intends to try McKinnon as a terrorist who used his hacking exploits to bring down military computer systems and "coerce and intimidate" the US into changing government policy, that he will be sent to a supermax prison where the US sends convicted terrorists.
Abu Hamza, the one-eyed, hook-handed Muslim cleric who is also fighting extradition to face terrorism charges in the US, had his extradition held by the European Court of Human Rights in August.
The court wanted to determine whether human rights law would allow him to be sent to a supermax prison. It would be "perverse" and contrary to human rights law for the government to extradite McKinnon before the ECHR had reached a conclusion over supermax prisons, said the claim. Moreover, the UK courts had already asked whether long detention in a supermax might "violate the prohibition on torture and on inhuman and degrading treatment".
The matter had not yet been settled. µ
L'Inqs
Contempt for hacker's autism defence
Gary's
family and Friends speak out in the THE INQUIRER spodcast
McKinnon looks for legal loophole
Hacker's mum squares up to US
McKinnon loses European appeal
Lords throw McKinnon to the dogs
Pentagon hacker in the hands of the Lords
Hackers attack Boris as Tories call for crackdown
Hacker
Matthew Bevan vents his spleen on the INQ
Share this:
ShareBusiness Intelligence Software
Customer Relationship Management (CRM)
Enterprise Accounting Software
Enterprise Resource Planning (ERP)
Enterprise Systems Management
I still cannot understand why McKinnon is being pursued like that.
None of the radicals who are freed from UK and face extradition to UK have being chased so much while it's proven they are threat to us. 

Maybe something else is hidden behind? Maybe his claims about aliens & technologies are not just another hoax? Don't forget that all started after he announced that he will reveal some of the information found on the computers he connected. 

Also what happened to those employees of Enron who have being sent to US all those years?

FREE GARY!
This kid broke the law. He must be tried and possibly punished according to the law....PERIOD.

If this Assburger Syndrome is truely the cause for him to not know the difference between right and wrong, then why was he allowed access to a computer in the first place. Why is he not locked up in a mental institution at this very time to prevent him from possibly breaking any other laws? Hell, he did it once, what's to say it won't happen again? Is he even in some sort of treatment for it?
Oh, boo hoo! Are all Brits such sissies they can't handle being disciplined for doing something wrong?

This so-called Asperger's defense is a pile of droppings. To even consider it at this point makes me wonder if England is becoming totally effeminate. (Just England, the Scots and Welsh are manly men, and bonnie lassies.)
People should not be concerned about McKinnon's health issues. We will take real good care of him here in the U.S. He'll get a fair trial and then be incarcerated like any other criminal.

There si no doubt that he will "find religion" while in prison as many inmates do. This will restore his health and allow him to rejoin society much sooner, probably in less than 40 years.

So all the concern about Gary the hacker, who's sudden health issues are suppose to be more important than that of the welfare of the rest of the world, is unfounded. 

Gary will be treated like every other criminal in the U.S., as he should be.
Maybe next time she will make a nice monetary contribution to the correct political party / candidate, and then maybe get some sympathy.

HB
Coming from a country that has condoned torture, forgotten the Bill of Rights and refuses to recognize the International Court of Justice, I find your comment laughable.
If not wanting to be kept awake for days on end, waterboarded and who knows what else is being a sissy, then I'm a sissy.
@Ted 

It’s unfortunate that people such as your self have the audacity to make such a blind blatant statement about a simple mental deficiency that affects far more people than is known

Aspergers is on the autism spectrum, however to say that this individual is incapable of knowing his actions where wrong are laughable and mundane at best. The only arena where he could possibly not realize that something he does isn’t kosher is in social instances where his etiquette could be off and then he would still know, just a few seconds later by people distancing themselves from him. Hacking into a government computer on the other hand takes time and therefore in my book is a premeditated action. I would find 40 years rather harsh and considering his skills he could make up for restitution by creating applications that could be found remotely useful to somebody, never the less showing the government how he did indeed compromise their systems and gain access. 

Just my $0.02
Maybe they should send Gary to Australia for prosecution. I think they hang hackers down under.

It's really pretty funny all the "free Gary" nationalism nonsense. You'd think this was a soccer match between GB and Germany ferchrissakes.

Gary is an admitted hacker, aka criminal. He should be prosecuted for his crimes, which may be more extensive than the general public is aware of.

Why would anyone defend a criminal other than a sleazy lawyer who is getting paid to defend a criminal? I just don't get it unless the folks who want to save Gary from prosecution are in denial and don't view hacking as a real crime. If that's the case, these folks might change their view when their bank account gets hacked.
Well apparently his "mental disability" also gives him super computing powers because he was able to hack into what is supposed to be one of the most secure networks in the world. You don't just accidentally hack into the pentagon. If he's bright enough to use a computer that well then he's fit to stand trial, and extradition, for the crime he committed.
Can I ask you unbelievably brainwashed people if you lock your door when you leave your homes or do you leave the lights on and the door open?

It's a simple analogy... the U.S military had no passwords and no Firewalls before or after 9/11. Gary's curiosity would have got nowhere if those responsible for military computer security had done a half decent job. It's them that you need to be more concerned with. 

Even 10 year olds are taught about passwords!

In future I suggest you find out the facts before writing such trite and ignorant opinions on an article.
Gary is another person who got too curious for their own good. 

I hope Gary gets off lightly. All he did was show that the Pentagon IT department suck and need firing, and confirm that the US Gov are technology hoarders. The second is not a revelation.

The real issue:
Why would the US government hold back information about renewable energy technology? This pull the world out of its current economic and environment crises.

"If you oppose this [the US] administration, there can and will be ramifications." -Tim Robbins
This is yet another example of America trying to boss the rest of us about, and the ignorant and bigoted anti-autistic brigade are pre-judging without even knowing all the facts.

If Gary McKinnon is accused of committing an offence on British soil, surely he ought to be tried here instead of in the USA. Also, why have the Americans waited so long to bring this prosecution against him?

Jacqui Smith has caved in to American pressure because she is frightened of the Bush administration.

The Americans are simply looking for a scapegoat for their military failures and instead of victimising Mr. McKinnon they should offer him a job and pay him handsomely to plug all the loopholes in their defence mainframe.
Just who the F*** do you think you are?

Mr McKinnon broke the law, and for that he should be punished.

That doesn't mean 60 years in a max security jail as a terrorist.

For God sake, what happens when someone gets a parking ticket? Do you give them the electric chair?

To all you rooten-tooten gun slinging Yanks out there who are all baying for McKinnon’s blood, I'd just like to say "If ignorance were a crime 99% of you would have been put to death!"

You should listen to yourselves.

Just to let you know there are actually other countries on planet Earth? Surprised? I bet you are, and do you realise most of the world hate you, because of your arrogance, ignorance and rudeness.

No one gets extradited unless your government is covering up something BIG - Wake up and smell the coffee.

You wouldn't recognise justice if it got up and gave you a 'brush cut' and popped a hot dog in your mouth.

In the UK we have a sence of fair play. Punishment to fit the crime.

Not "Yeeha boy, fry em' "

You ignorant, pathetic morons. There are other countries in the world apart from the USA = Universally Stupid A-holes. Fu(k all of you, with your death sentences and your arrogance.

Have any of you stupid twits heard of using a password? You know, it’s a word that is used to stop people walking straight onto a computer.

Are you honestly telling me that your Government, the Pentagon and NASA are so thick that they don't know how to use a password? Apparently the answer is yes!

Why don't you all go and shoot each other (oh you do that already)
The comments posted by our transatlantic cousins here just demonstrates that Mr McKinnon will not get a fair trial.

From the little I know about US prisons I have no doubt it would take little time to destroy him.

I would like to see some of the zeal for prosecuting Mr McKinnon for taking a shufty around a few unprotected networks applied to some of the scum that fill my inbox with unsolicited email trying to get my passwords and break my and my banks security.
WTF...
This kid broke the law. He must be tried and possibly punished according to the law....PERIOD.

If this Assburger Syndrome is truely the cause for him to not know the difference between right and wrong, then why was he allowed access to a computer in the first place. Why is he not locked up in a mental institution at this very time to prevent him from possibly breaking any other laws? Hell, he did it once, what's to say it won't happen again? Is he even in some sort of treatment for it?
posted by : Ted, 20 October 2008 

------------------------------------------------------
Your disrespect for mental illness is astoundingly stupid on your behalf
Considering I know a 5 year old child
who suffers from autism and he is alot smarter than you.

Seems to me the paid to post brigades or thought police, are here is full force... Those are individuals who are paid to post negative comments to influence people perception or what you may call public opinion. 

The internet is the real threat to those who seek to control humanity's hearts and minds and this case amongst other things, was planed to make an example of what 'cyber terrorism' 'could be', in order to get the public to demand more control over the internet.

Free speech over the internet means the people of this world no longer relay on the mass media for controlled and censored information. The biggest threat of all to the PTB, is that you would think for yourself... That they may lose control over our fear, perception and views.

Their biggest fear is that the people would suddenly become aware of what is really going on, as that would mean, they would not last another day holding the reins.


Where does it say ..... Thou shalt not hack into the Pentagon? 

Who thinks that a Task of Abuse and why is IT not Secure? Is it too Fragmented and Weakened with Military Might without Civil Sight for ITs Orders and Equipment to Work harmlessly in and for for Future Peace Loving Societies?