Disabled man faces imminent extradition to US

Gary McKinnon, a British computer expert who hacked into the Pentagon and NASA systems in the United States, faces the prospect of imminent extradition to the United States – despite being diagnosed with Asperger’s syndrome.

Experts say the condition may have affected his actions at the time and his behaviour after his arrest.

Mr McKinnon, who is described by the American authorities as one of the biggest military hackers of all time, faces a series of charges dating back ten years.

He is alleged to have hacked into around 100 military computer systems, causing several hundred thousand pounds worth of damage. He faces up to 60 years in jail, although his sentence is likely to be shorter.

He recently lost an appeal against extradition in the European Court of Human Rights. He had previously lost an appeal in the House of Lords, where it was argued that he should face trial, if at all, in the UK.

Karen Todner, Mr McKinnon’s lawyer, is making representations to the home secretary, Jacqui Smith, arguing that Mr McKinnon should be prosecuted here on medical grounds. Ms Todner told Disability Now: ““Gary McKinnon should not be extradited on medical grounds. There are several past cases where medical conditions have helped..It has now become apparent that Gary’s disability contributed [to his offence]. I’m sure it contributed to his reaction on being caught. He pleaded guilty on all charges without even having a solicitor present.

“He’s currently being reassessed, so at the moment we are unsure of the severity of his disability.“

A National Autistic Society spokeswoman said: “We are aware of the ongoing case of Gary McKinnon, a man with Asperger syndrome who is appealing against extradition to the US where he will face charges of hacking into US defence computer systems.

“Mr McKinnon has not been in direct contact with the NAS and we are not involved with his case but we hope that his Asperger syndrome will be taken into account.

“It is vital that legal experts are familiar with autism and recognise and understand the nature of people's difficulties, so that miscarriages of justice do not occur.”

A Home Office spokesman said that the home secretary had received representations from Mr McKinnon’s lawyers on 1 September and said: “The representations are being considered and the Home Office will respond in due course.”