'Hacker' judgment reserved
Updated on 20 January 2009
The High Court has reserved judgment on a new legal bid by a British computer expert accused of hacking into US military networks to avoid extradition to America.
Gary McKinnon, 42, from Wood Green, north London, faces a lifetime in jail if he is found guilty in the US of sabotaging vital defence systems after the September 11 terror attacks.
His supporters say he acted through "naivety" as a result of his Asperger's Syndrome - a form of autism - and should not be considered a criminal.
Edward Fitzgerald QC, appearing for Mr McKinnon, told the High Court his medical condition was likely to give rise to psychosis or suicide if removed to the US, far away from his family, and he should be allowed to stand trial in the UK.
The QC said: "The very fact of extradition will endanger his health."
The chances of Mr McKinnon's health being endangered were further increased by the real risk that he would be detained pre-trial and have to serve his sentence in tough conditions in an American Supermax high security prison, violating Article 3 of the European Convention on Human Rights protecting against inhuman and degrading treatment.
Mr Fitzgerald said: "It is no secret that conditions in a Federal penitentiary can be a great deal rougher than conditions here, and a particularly tough place to survive if you are accused of this type of crime."
He accused Home Secretary Jacqui Smith of failing to inform herself and properly consider these risks before deciding in October last year to permit extradition.
He said she had also failed to request an undertaking from the US that Mr McKinnon - "a seriously disordered person" - would be repatriated to serve his sentence in the UK, or request that he be given bail pending trial.
The QC argued there was a reasonable suspicion that the repatriation issue was being used as "a bargaining counter" and there was "the sniff of abuse about that".
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