THE CASE FOR Gary McKinnon is going well, according to his mother.
Janis Sharp told us that in a hearing at the High Court yesterday things went in her son's favour.
She said that "court went well" and the judges "seemed onside". Ultimately, now the decision on whether her son is unfit for trial lies with the Home Secretary, Theresa May. Sharp is growing more confident.
There were errors on the prosecutors' side, she explained, including not informing the judges that the next court date, set for 24 July, was a contingency date, depending on whether the Home Secretary had come to a decision by then. That irritated the judges, who thought that they should have been informed that it was merely a contingency.
"I don't really understand why there has been any court date prior to Theresa May giving her decision, and the judges don't seem to understand either," Sharp told The INQUIRER.
Other errors, including a statement in court that the Home Office has seen only one medical report, when it has had four, and the Home Office's decision to hire a medical expert who is not an expert on McKinnon's condition, Aspergers Syndrome, also seemed to surprise the judges, said Sharp.
"The prosecutor also wrongly stated in court that the Home Office had received only one medical report. The Judge Sir John Thomas then said to the prosecutor Hugo Keith "Have you read this?" referring to my statement and the judge instructed Hugo Keith to sit down and to read my evidence, which he did," she added.
"The judges in court thought that the Home Office should have appointed a doctor who was an appropriate expert in ASD to assess Gary, but the judges said as it's not them doing the case they cannot tell the Home Secretary which experts to choose."
The Home Office already has four medical reports to say that Gary McKinnon is an extreme suicide risk. Sharp added that he has not been seen by the Government's expert because he does not have the necessary experience.
However, she is confident that Theresa May will agree with four other reports, and resist any attempts by the US to extradite him.
"Gary has seen and been assessed face to face by every one of the experts mentioned in my attached statement (we have a copy of the statement, it is full of reports from other specialists and organisations), apart from by Professor Fahy. Because he does not have the required expertise that even the judges think is essential," she said.
"As Gary has been deemed unfit for trial and at extreme suicide risk, we are expecting Theresa May to rule in Gary's favour within the next few weeks." µ