GIVEN THAT GARY MCKINNON HAS ALREADY CONFESSED, HE COULD BE TRIED FOR HIS CRIME IN BRITAIN - HUHNE

A cross party delegation of MPs including Labour, Conservative and Liberal Democrat members is attempting to apply fresh political pressure on Alan Johnson the Home Secretary; they intend to tell him in a meeting at the Home Office that he has the “power and the duty” to step in to prevent Mr McKinnon being sent for trial in the United States.

David Davis, the former Shadow Home Secretary, the Liberal Democrat Shadow Home Secretary, Chris Huhne and Michael Meacher, the former Labour minister, are joining forces to urge a rethink.

They will present Mr Johnson with a detailed legal opinion challenging the Government’s claim that it has no power to intervene in the extradition which has already been agreed by the courts.

Gary McKinnon is wanted for trial in the United States accused of breaking into sensitive military computer networks from his bedroom in north London eight years ago.

What was described as the “biggest military computer hack of all time” disrupted important US defence IT systems in the days after the September 11 terrorist attacks of 2001.

But Gary McKinnon is described as a vulnerable person who was hunting for UFOs – a really gentle guy who would never hurt anyone. He is 43-year-old and suffers from Asperger’s syndrome, a form of autism, and admits he broke into the systems. However, he was unaware of his consequences.

He says that he is prepared to stand trial for the offences in this country rather than the US.

In July he lost an eleventh hour High Court challenge to the move claiming that it would worsen his condition and this represent “inhuman” treatment breaching his human rights.

His legal team is now hoping challenge the decision at the new Supreme Court, meaning that he is unlikely to be extradited before next spring at the earliest if he loses there.

Mr Johnson claims that it would be “illegal” for him to intervene in the legal process to stop the extradition.

But the three MPs will present him with rival legal opinion drawn up by Tim Owen QC, a barrister in Cherie Blair’s Matrix Chambers, arguing that legislation gives the courts primary but not exclusive responsibility in extradition cases.

Mr Meacher, who requested the meeting with Mr Johnson, said: “Not only has the Home Secretary got the power but he has the duty to intervene in an extradition case, even after the court process has ended, if there is a real risk of a human rights breach should extradition proceed.

“Gary’s medical condition is such that medical experts have concluded there is a grave risk to Mr McKinnon’s health if he is extradited to the US.

“There is no reason why he cannot face charges in the UK for an act which took place in the UK.”
Chris Huhne added: “We want to appeal to his better judgment and better nature about the vulnerable position of a British citizen with Asperger’s who needs the support and help of the Government.

“He must not allow the Home Office lawyers to get on top; they should be on tap but not on top.”
“A key point is that there is now a clear legal view from leading advocates that contradicts the advice from the Home Office lawyers, and says that the Home Secretary can intervene.

“Given that Gary McKinnon has already confessed, he could be tried for his crime in Britain, which is where it was committed.”

More than 40 MPs signed a letter to the US President Barack Obama in July, urging him to stop the extradition.

A host of Hollywood celebrities have also joined the campaign on Mr McKinnon’s behalf.