GARY MCKINNON has refused to undergo medical tests ordered by the Home Office to determine whether he is a suicide risk if extradited to stand trial in the US.
McKinnon's legal team said professor Thomas Fahy, who was appointed to carry out the assessment, is not suitably qualified to judge McKinnon's mental condition. He suffers from Asperger's Syndrome.
The legal team also noted that the government had been told by The National Autistic Society that he was not a suitable expert. High Court judges had also urged the government to select a qualified medical expert to carry out the examination.
McKinnon has already been assessed by six independent specialists prior to the meeting that was supposed to take place on Thursday. Three of the most recent hearings led by leading experts in the field of Aspergers concluded that he was not fit for trial and a suicide risk.
Gary McKinnon's mother, Janis Sharp, said the government should take these reports as clear evidence that extradition is not appropriate and that a trial in the UK should prove adequate.
"The Home Office should accept the very clear and incontrovertible evidence provided by the country's leading psychiatric experts in this field. It's time to make the right decision and to end Gary's torment of extradition," she said.
"When he's fit and ready, as we have said all along, the CPS could try him in this country for his foolish acts that happened over a decade ago."
She also bemoaned the seemingly endless rigmarole around the case that has seen it drag on for over a decade.
"Gary has endured 10 years of mental trauma and has lost 10 years of his youth and we so need a good end to this," she said.
"I'm sure that Theresa May will do the right thing, and will make a just and compassionate decision now and allow Gary to begin to recover from a decade of trauma and to regain some of the life he has lost."
Janis also sent The INQUIRER a comment from Mark Lever, chief executive of the National Autistic Society, who agrees with McKinnon's decision to refuse the Home Office tests. He said, "Asperger syndrome is a complex condition and it would be impossible for anyone without specialised training to fully understand its impact."
"If Gary is forced to undergo an assessment that doesn't take account of his needs and he is consequently extradited, it could have very serious and potentially tragic ramifications." µ