Self-confessed hacker Gary McKinnon's final appeal to be tried in Britain was turned down this afternoon. He is expected to be extradited to the US within days, where he faces charges that he was responsible for "the greatest military hack in history".
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A statement from Gary McKinnon's lawyers, Kaim Todner, said, "The secretary of state has advised via the Treasury solicitors that despite Mr McKinnon's diagnosis with Asperger's Syndrome [an autistic condition] she will now be making arrangements for his extradition based on her order for extradition of 4 July 2006.
"She has failed to make any request for repatriation to the US when other countries make similar requests on behalf of their citizens."
McKinnon's attorney, Karen Todner, said she has asked Secretary of State Jacqui Smith for permission to seek a judicial review of the decision to extradite McKinnon. Smith will give her decison tomorrow morning.
If granted, McKinnon will have 14 days to apply for the review, which will be held by the High Court. If he decides not to ask for the review he will have 10 days to prepare himself for extradition.
Todner described McKinnon as "devasted". "He has been suffering from depression for several months now," she said.
She added she was "optimistic" that Smith would grant permission for the judicial review.
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