McKinnon Set To Be Extradited To The US After Losing CPS Appeal

Autistic hacker, Gary McKinnon, is set to be extradited to the US for trial as news emerged that it lost the last round of his long battle to stay in Britain.

The North Londoner has been accused of breaking into NASA and US Military computers back in 2001, apparently causing tens of thousands of dollars of damage in the process.

He pleaded guilty in the hope that the Crown Prosecution Service would try him in the UK, allowing him to stay in a British cell close to home rather than thousands of miles across the pond.

However, the CPS rejected his request, saying that it it will not prosecute Gary McKinnon in relation to allegations of computer misuse, following "a careful review of all available evidence including further material and admissions to offences under Section 2 of the Computer Misuse Act 1990 which were submitted by Mr McKinnon's solicitors".

Crucially, the CPS dismissed McKinnon's diagnosis of Asperger's syndrome which, according to a press statement released today could have been under the second of the Code tests. But since the first evidential test was not passed in this case, the CPS did not feel that it needed to go to the public interest test.

McKinnon faces up to 70 years in a maximum security facility as well as a $1.75 million fine if he is found guilty under the US anti terror laws of the seven counts of computer fraud charges against him.

You can also follow our coverage of the McKinnon case from the beginning

Our Comments

Well, looks as if the case is closed although Karen Todner, McKinnon's solicitor said she was disappointed and would consider other actions. There's now very little McKinnon can do to avoid being extradited to the US. Only a Presidential grace or a very unexpected event could save him from appearing in a US court.

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