A high court judge has said that the home secretary may have acted unlawfully in sanctioning the extradition of UFO hacker Gary McKinnon.
In a letter, Justice Mitting said the fact that McKinnon suffers from Asperger's syndrome was admitted to court is reason enough "to refuse to surrender [McKinnon] to the government of the USA.
"It is arguable that the [home secretary's] decision was unlawful", the letter added. The Judge said the case raises "stark and simple issues", and his pronouncements mean there will be more lengthy arguments before McKinnon's extradition to face trail in the US is final.
Justice Mitting said it was “arguable” that the evidence that Mr McKinnon’s suicide “will be an almost certain inevitability should he experience extradition” was reson enough on Human Rights grounds to turn down the extradition.
McKinnon's mother Janis Sharp, welcomed the revelation, as "some common sense at last. "
"Gary's health has badly declined it's been traumatic to see, " she said. "I hope this brings him comfort that the right decision will be made, even if it requires the courts to impose it rather than our government to reach it."
The Judge's statemet follows evidence submitted in November last year by consultant psychiatrist Professor Jeremy Turk, who said McKinnon was a "exceptionally high risk of self-harm and even suicide."