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Because Gary McKinnon's fight for the right to a UK trial has focused on how likely he is to commit suicide, some people forget that he is actually innocent of any extraditable crime. Constant reiterations by the Prime Minister of how serious America views it, does not make it true.
So, I would like to make absolutely clear that what Gary McKinnon actually admitted to, computer missuse/trespass (Section 1 & 2 illegal access), is not, I repeat NOT, an extraditable offence and carried only a six months probably non-custodial sentence in the UK.As regard to a section 3 offence (extraditiable) the CPS said

"there is insufficient evidence to prosecute him with any offence under this section of the Act."

"the evidence does not come near to reflecting the criminality that is alleged by the American authorities."

He did not damage computers. He did not attack systems nor did he have any malicious intent.

From the age of ten Gary had a fascination with UFOs and all things extraterrestrial and from his teens, a fascination with computers. Inspired by the Disclosure Project he decided to research the UFO phenomenon and in particular, the Official Cover-up that the disclosure project had made him concious of.

In the course of his quest he became aware that a great number of NASA and Pentagon computers had no passwords set and no firewalls in place. Shocked by this, he left many cyber notes for the various sytems administrators telling them that their security was deeply flawed. America's answer to this was to demand his immediate extradition. Christpher J Christie now governor of New Jersey shockingly stated at a press conference in November 2002 that he wanted to see McKinnon 'FRY'!!!
In order to make it an extraditable offence America requires a threshold level of $5000 worth of damage for each count.
Magically The indictment claims that Gary McKinnon caused exactly the minimum figure, $5000, to each system.
In 2002 under the original extradition treaty, the US were obliged to show evidence of the alleged damage. However no evidence was presented. In 2009 the Crown Prosecution Service disclosure to the court showed that they had dismissed the information given by America, as hearsay and inadmissable. The High Court Judge lord Justice Stanley Burnton said "do you realise how embarassing this will be for the CPS if Mr McKinnon were to be tried in the UK?" The prosecution answered "yes".

In 2002, because there was no evidence to extradite, the CPS wanted to try Gary in the UK on the computer misuse offence but, according to a CPS lawyer, were told 'from the very top' to stand aside to allow America to deal with Gary - this is an abuse of office. If there is evidence of someone having commited an offence in the UK it is the duty of the CPS to try the accused in the UK. it is not in their remit to cherry pick cases or to decide the evidence does not reflect the more serious allegations which America claims but does not have evidence for.

America waited for three and a half years before requesting extradition from the UK, leaving Gary McKinnon with unfettered access to the internet. (If Gary had been the least possible threat as America claimed, Neither America nor Britain would have left him with full internet access for over three years.)
They waited for over three years for the UK government to begin using the ONE-SIDED 2003 EXTRADITION TREATY as they then had no need to show one scrap of evidence to extradite any British Citizen to face immediate incarceration in an American prison awaiting eventual trial.

Whereas if the the UK wishes to extradite an American Citizen they do need to provide evidence which can be contested in an American court. However we all know America rarely extradites any of its citizens and regularly refuses to do so.

Under a Freedom of Information request The Home Office revealed that since 1st January 2004 to 10th June 2010 only three people with American or Joint American nationality have been extradited to the UK. Whereas for the same period more than Nine times as many British or joint British Nationals have been extradited to America that is in spite of America having more than five times the population of the UK. Which means that per capita more than FIFTY times as many UK nationals have been extradited to America!!!

The treaty removed the right of evidence to be required by a UK court before extradition can be ruled on and thus removed the power of UK judges to judge.

It removes the right to a trial by one's peers.

It removes the presumption of innocence.

It is an absolute betrayal of British Citizens.

Gary McKinnon has Aspergers Syndrome an Autism Spectrum Disorder, a life long condition. A simple disruption to the routine of normality is stressful in the extreme, but as it stands at the moment, Gary literally believes it far preferable to commit suicide than to face being ripped from his home and dragged thousands of miles from his family and support to rot in a brutal American prison. Yet previous home secretaries seemed to think that throwing Gary to what he sincerely believes to be a fate worse than death, somehow is not against his human rights. That is indeed a cruel and unusual punishment.

His fate is presently in the hands of Theresa May. Whether she is strong enough to stand up to the huge pressure from America, from the same old advisors as have been there all along, we wait to see.

He is after all not trying to escape justice but merely wants to face justice in a UK court, which, under the Magna Carta, is his absolute right.




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