Things are looking up for gary Mckinnon could this be the life line he needs.

[Jacqui D]

You CAN save Gary McKinnon: MPs' bombshell letter explodes Home Secretary's claim that law makes him powerless to halt extradition
By JAMES SLACK and MICHAEL SEAMARK
Last updated at 1:15 PM on 13th November 2009



'Suicidal': Gary McKinnon faces extradition to the U.S. for hacking into Pentagon and Nasa computers

Alan Johnson was last night told by a powerful group of MPs that he can and must halt the extradition of Gary McKinnon.

In a devastating letter, the Home Affairs Select Committee flatly rejected Mr Johnson's claim that he is powerless to intervene.

Gary, who has Asperger's syndrome and is said to be suicidal, is due to be handed over to the U.S. under the controversial Extradition Act.

There he faces up to 60 years in jail for hacking into Pentagon and Nasa computers while searching for proof of alien life.

But the Labour chairman of the committee, Keith Vaz, said the 'precarious state' of Gary's mental health meant his removal should be stopped.

The letter also calls for a 'comprehensive review' of the entire Extradition Act - which is widely considered imbalanced against British citizens.

It is a stunning vindication for Gary's supporters, and will pile enormous pressure on Mr Johnson to change his stance.

Earlier this year, the Mail presented the Home Secretary with evidence from two leading extradition lawyers stating that he could stop the removal on health grounds.

But Mr Johnson - while refusing to publish his own legal advice - stubbornly insisted that this was not the case.

Now - after studying the legal opinion obtained by the Mail, and holding a public evidence session with Mr Johnson and Gary's mother Janis this week - the Home Affairs committee has sided with Gary, 43, and this newspaper.


Bombshell: Alan Johnson has been told by the Home Affairs Select Committee - chaired by Keith Vaz (right) - that he can stop McKinnon's extradition

The letter from Mr Vaz - a former minister - to the Home Secretary says: 'We received a clear legal opinion... that the scope for the exercise of discretion by the Home Secretary is greater than you believe.

'Because of Mr McKinnon's precarious state of mental health, the Committee is of the view that he should not be extradited to the U.S.A. and you should exercise your discretion in this case.'

Officially, Mr Johnson has 'stopped the clock' on Gary's removal to the U.S while he considers new medical evidence of the danger he may take his own life if extradited.


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Gary McKinnon's mother snubbed in Commons by Alan Johnson
A decision is expected later this month, but the Home Secretary continues to insist his hands are tied.

If he allows the extradition to proceed, he would be flying in the face of evidence from lawyers, autism experts and now one of Parliament's most influential committees.

Gary's mother - who has warned Gary would rather die than be extradited, and that he is 'suicidal' - was delighted by the committee's letter.


Long fight: McKinnon's mother Janis Sharp hopes Johnson listens to the committee

She said: 'It's excellent news and I am incredibly pleased they have come to the same conclusion as everyone else - apart, that is, from the Home Secretary and his advisers.

'I appreciated the careful way that the MPs on the committee listened to my evidence and considered my written submission to them. Now I hope Mr Johnson listens to what the committee is telling him.

'I am delighted that MPs from all the political parties are standing up for what is right and just for Gary.'

Gary's solicitor, Karen Todner, said: 'We are very pleased with the committee's decision. It reinforces what Gary's legal team - and serious legal opinion - has consistently argued.

'The Home Secretary does have the power to intervene in Gary's case - and he should halt his extradition.'

Liberal Democrat spokesman Chris Huhne said: 'The Home Affairs Select Committee is telling Alan Johnson what he has already been told and what he should have known.

'It is not in the interests of justice to send a British citizen with mental health problems to face decades in an American jail.

'The Home Secretary must put an end to this shameful episode and then renegotiate the extradition treaty so this fiasco is not repeated.'

The evidence the Mail obtained from human rights QC Tim Owen and Julian Knowles, a leading extradition lawyer, categorically stated: 'The Extradition Act 2003 gives the English courts the primary responsibility - but, importantly, not the exclusive responsibility - for ensuring that... safeguards are maintained. This is because both the courts and the Home Secretary have a role to play in extradition.

'It is therefore plain that the Home Secretary has the power - and indeed the duty - to intervene in any extradition case even after the court process has ended if the evidence establishes that there is a real risk of a human rights breach should extradition proceed.

'Statements made to the contrary by the Government are obviously and plainly wrong.'

Lord Carlile, Mr Johnson's adviser on terror laws, has also said he is satisfied that the minister does have the power.

He said placing Gary at the mercy of the U.S. courts would be 'disproportionate, unnecessary and unconscionable'.

Last night, a Home Office spokesman said: 'The Home Secretary has maintained throughout the proceedings that he has no general discretion to refuse extradition. At this stage in the case the sole issue is whether extradition would, or would not, breach Mr McKinnon's human rights.

'Unless the evidence shows that extradition would breach the European Convention on Human Rights it would be unlawful to refuse extradition.'


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[Antonia]

I really hope that the home secrtetary takes notice of this.... I fear that it may be all down to behind closed doors deals done with unseen controlers and Gary is the sacrifial lamb... It would be great if we had official disclosure before extradition time... that would surely help a little..

[Jacqui D]

I hope so Antonia this guy needs a break, Alan Johnson has had the pressure put on him by a hand which obviously has control over him, it will be still watch this space, but things are looking up.

Originally Posted by Antonia

I really hope that the home secrtetary takes notice of this.... I fear that it may be all down to behind closed doors deals done with unseen controlers and Gary is the sacrifial lamb... It would be great if we had official disclosure before extradition time... that would surely help a little..

[Antonia]

We' re all 100% behind Gary.... It's thr 7th night of the Mayan calander now which means that the time frame of intent to manafestation is even shorter ... so lets get manifesting a positive out come for Gary... and writing to the home office!!

[Jacqui D]

Nice idea Antonia but i feel all the writing has been done now and no amount of signatures at this stage will make a difference, all we can do now is to create the thought to be put into the minds of those opposing this and turn this thought process around on gary's behalf.

Originally Posted by Antonia

We' re all 100% behind Gary.... It's thr 7th night of the Mayan calander now which means that the time frame of intent to manafestation is even shorter ... so lets get manifesting a positive out come for Gary... and writing to the home office!!

[Gareth]

I guess it all comes down to whether the Home Secretary is of the Light or of the Dark.

What an interesting dilemma!

G