Fresh blow for McKinnon

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http://www.dailymail.co.uk/news/article-1390961/President-Obama-refuses-halt-Gar\

y-McKinnons-extradition.html

Fresh blow for McKinnon as President Obama refuses to halt extraditionBy

Slack and Seamark

Last updated at 2:31 AM on 26th May 2011

McKinnon's hopes of avoiding extradition to the U.S. suffered a severe

setback yesterday when Barack Obama declined to allow him to be tried in

Britain.

Campaigners had hoped the President would halt the legal proceedings because of

the Asperger's sufferer's precarious mental state.

But Mr Obama – despite previously saying he wanted to find an `appropriate

solution' to end the computer hacker's ordeal – effectively endorsed the

extradition process.

He said: `We have confidence in the British legal system coming to a just

conclusion, and so we will await resolution and we will be respectful of that

process.'

Over the past decade, the British courts have repeatedly refused to block

45-year-old Mr McKinnon's extradition, despite doctors saying he will kill

himself if bundled on to a plane to the U.S.

Judges have themselves agreed he is a suicide risk but – under the controversial

Extradition Act, which is biased in favour of the U.S. –this is considered

insufficient reason to halt proceedings.

Cameron raised his plight in face-to-face talks with Mr Obama yesterday

morning. The two leaders were then questioned during a joint press conference at

which the extradition was one of only a handful of subjects raised, alongside

Libya and the Middle East.

Campaigners say this shows the huge importance of the case, which has been the

subject of the Daily Mail's Affront to British Justice campaign.

Shami Chakrabarti, director of Liberty, said: `If, as the President says, he

will be " respectful " of our legal process, then he should be happy for to

be dealt with here in the UK.

`If our Government seeks to honour the words of both Coalition partners in

opposition, it will decide that 's condition warrants halting this farcical

extradition immediately, so that justice and compassion can be dispensed at

home.'

Mr McKinnon's case began almost a decade ago when he hacked into Nasa and other

military computers from the bedroom of his North London flat, searching for

evidence of `little green men'.

There are two ways of ending his ordeal. The first is for the U.S. to agree to

allow him to be put on trial in the UK, where the crimes took place. The

alternative is for the British courts or Home Secretary to rule that he cannot

be extradited.

Under the 2003 Extradition Act, it is very hard for Britain to stop the

proceedings. This placed the focus on the U.S. helping to find a way out of the

legal mess during Mr Obama's visit.

At a White House press conference last year, the President had raised the hopes

of Mr McKinnon's supporters by promising an `appropriate solution'. He said

that, in dealing with the case, the U.S. would recognise Britain was an `ally

that is unparalleled in terms of our co-operative relationship'.

Yesterday, however, this language was replaced with the simple statement that

America would respect the rule of British law. President Obama said: `We have

proceeded through all the processes required under our extradition agreements.

It's now in the hands of the British legal system.'

Mr Cameron said: `The case is in front of the Home Secretary (Theresa May), who

has to consider reports about 's health and his well-being and it is right

that she does that in a proper and effectively quasi-judicial way.

`I totally understand the anguish of his mother and family about this issue. We

must follow the proper processes and make sure this case is dealt with in the

proper way and I am sure that is the case.'

Mr McKinnon's mother Janis Sharp tried to find some positives from Mr Obama's

words. She said: `I am happy because President Obama has confirmed that it is a

UK decision and the United States will accept it and not contest it.

`But we are tired and worn into the ground and really expected our family's

torment to be over this month. We so need an end to it.'

So far, the Americans have repeatedly refused to allow Mr McKinnon to be tried

in the UK. Cables released by WikiLeaks revealed that the U.S. ambassador had

rejected a personal plea from then prime minister Gordon Brown for him to be

imprisoned in Britain.

The U.S. has taken an equally robust position with the Coalition.

This month U.S. Attorney General Holder said the administration would `take

all of the necessary steps' to have Mr McKinnon extradited and `held accountable

for the crimes that he committed'.

Mr McKinnon's solicitor Todner said: `I hope the British justice system

does now support and stop this misery that he and his family are going

through.'