The High Court has thrown out UFO hacker Gary Mckinnon’s latest legal challenge to his extradition order by US Prosecutors.
McKinnon, who suffers from Asperger’s syndrome, had asked the court to consider whether the Home Secretary should have stopped his extradition on humanitarian grounds.
The court was asked to consider whether the UK Director of Public Prosecutions should have tried McKinnon in the UK, so making the extradition process redundant.
Both claims, Lord Justice Stanley Burnton, told the court today, would be dismissed. However, McKinnon had been given leave to appeal the decisions on the basis of article 3 of the Human Rights Act.
Justice Stanley Burnton and Mr Justice Wilke said they would consider over the Summer whether to give Mckinnon leave to appeal on the basis of article 8 of the Human Rights Act.
The judgement came as a shock to McKinnon’s gathered family and supporters, including Trudie Tyler, the campaigning wife of pop start Sting. His supporters had been braced for victory.
McKinnon has admitted hacking into the systems of the US defence department and Nasa. He is alleged to have hacked into 97 computers, causing damage which the US government said would cost $700,000 to repair.