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Gary McKinnon's mother's appeal to the DPP

Ian Grant

Below is Janis Sharp's appeal to Keir Starmer, the director of public prosecutions, at Crown Prosecution Service for her son, Gary McKinnon, to be tried in the UK.

>> See also: McKinnon's mum asks DPP to try Gary in UK

Dear Mr Starmer,

I am writing to formally request a UK prosecution on the basis of equal treatment for my son Gary (McKinnon).

Gary is facing extradition to the United States for alleged computer hacking almost seven years ago and the possibility of a maximum sentence of 60 years in a hard line US prison.

It has just come to my attention via information from the internet, that a British man named Aaron Caffrey who was accused of hacking into the computer system of Port Houston shortly after 9/11 was allowed by the CPS to be tried in a UK court in 2003.

This was despite the fact that both cases were very similar. What is even more odd is that one Russell Tyner from the CPS was involved in both Gary's and Aaron Caffrey's case at around the same time.

Russell Tyner led Gary and his solicitor to understand at the time that he had been instructed from "the very top" to basically stand aside for America to prosecute Gary. What we did not know at the time was that simultaneously the CPS was deciding to approve the prosecution of Aaron Caffrey in Southwark Crown Court.

Gary has recently been diagnosed with lifetime Asperger Syndrome and this explains why without having engaged a lawyer and without a lawyer being present, Gary admitted to computer misuse. Gary was also anxious for his girlfriend to be allowed to go home as they had been held for some time in the police station.

Having Aspergers Syndrome Gary is naïve and trusted the police when they told him he would probably serve a six months community service sentence. They also mentioned the possibility of a future job with the High Tech crime unit and this gave Gary a false sense of security.

Many people with Aspergers have a heightened sense of justice and have obsessions, which can sometimes get them into trouble. Gary's obsession was computers, and people with Aspergers often interact more with machines than with people.

Gary is a musician and is a gentle vegetarian and a pacifist. He logged onto US computers in search of information on UFOs and free energy, which he believed was being suppressed.

The note he left saying that America was guilty of state-sponsored terrorism and that he believed it was no accident that there was a stand down after 9/11, is being portrayed as akin to terrorism. Cyber-graffiti and a cyber-peace protest would seem a more accurate description.

(At the time Gary believed in the conspiracy theory that 9/11 was an inside job)

Gary has admitted to computer misuse but denies the alleged damage.

In breach of the rules/text of the extradition treaty, Gary's hard drives were taken to America in 2002 and were never returned.

The new Extradition Treaty with America was not ratified by the US until 2007 but in Gary's case it was used retrospectively and he was denied his right to contest any of the allegations made against him. Gary has always denied the alleged damage.

I am fighting to secure some form of safety for my Aspergic son. I am not asking for Gary to be excused I am merely asking that he can be tried in the UK on all of the charges already brought by the Americans and if need be, punished here.

I am not requesting this merely for compassionate reasons but am asking on the basis of the right for my son Gary to receive equal treatment to Aaron Caffrey.

Yours sincerely,

Janis Sharp (Gary's mum)

Links to songs composed by Gary McKinnon:

Wanton Child, by Gary >>

Only a Fool, by Gary >>

Free Gary McKinnon website >>

Problems prosecuting high tech crimes in the UK >>


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