Nasa hacker judicial review date set

By Tom Espiner, ZDNet UK
Monday, March 02, 2009 11:25 AM

A date has been set for a U.K. High Court judicial review of Nasa hacker Gary McKinnon's case.

The review, set for Jun. 9 and 10, 2009, will focus on whether McKinnon's diagnosis with Asperger's syndrome was taken into account during his appeals process.

Gary McKinnon's mother Janis Sharp told ZDNet Asia's sister site ZDNet UK of the judicial review date via an e-mail last week. Sharp said she had felt "broken" and "beaten up" by a U.K. Crown Prosecution Service decision not to prosecute McKinnon in the United Kingdom, but that she was now "getting back in fighting mode".

McKinnon has been accused by U.S. prosecutors of "the biggest military hack of all time". The U.S. authorities allege that McKinnon caused US$700,000 of damage, and disabled systems and military equipment, by hacking into US military computers at the Pentagon, at Nasa, and at U.S. military installations in 2001. McKinnon has never denied hacking U.S. systems, but denies causing damage. He claims to have been searching for UFOs.

McKinnon faces up to 70 years in a maximum security if found guilty by a U.S. court. He is currently 43.

McKinnon's solicitor Karen Todner told ZDNet UK on Friday that she hoped the High Court review would prevent McKinnon's extradition.

"We're hoping the court will say that Gary's Asperger's will prevent his extradition, as to extradite him would be a breach of his human rights," said Todner.

The review will include an appraisal of Home Secretary Jacqui Smith's decision not to halt McKinnon's extradition to the United States in September. Smith was aware of McKinnon's Asperger's when she turned down the autumn appeal against McKinnon's extradition.


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