Gary McKinnon, the Asperger’s sufferer who faces extradition to the US for hacking into Pentagon military networks, has been refused permission to apply for judicial review against the director of public prosecutions.
Gary McKinnon, the Asperger’s sufferer who faces extradition to the US for hacking into Pentagon military networks, has been refused permission to apply for judicial review against the director of public prosecutions.
In R (on the application of Gary McKinnon) v Home Secretary [2009] EWHC 2449 (Admin), Stanley Burnton LJ found McKinnon’s extradition was “a lawful and proportionate response to his alleged offending” and that the case did not raise “points of general public importance”.
He added that McKinnon would be unlikely to succeed with his claim that extradition would breach his right to a private and family life, under Art 8 of the European Convention of Human Rights (the Convention).
He also rejected McKinnon’s argument that extradition to the US would be a breach of his right not to be subjected to inhuman or degrading treatment under Art 3 of the Convention.
This ends McKinnon’s legal options in the UK. However, his solicitors, Kaim Todner, may now decide to appeal to the European Court of Human Rights.
McKinnon’s legal team claim he was looking for reports on UFOs, a subject with which he was obsessed.
A Home Office spokesman commented: “We note the court’s judgment on the 9 October 2009.
“The case remains before the courts; therefore, we do not propose to comment further at this stage.”
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