No sorry I think he should have been extradited.
The reasons for me are very simple and clear cut. Did he know at the time that he was doing wrong? Yes he did according to experts. Did he also know that by doing wrong that he could get into serious trouble? Yes he did according to experts.
So where is the problem.
On this basis had this verdict happened two weeks ago then I am sure that Hooky Hamza would have used Aspergers in his argument for not being extradited.
I did read somewhere that his Aspergers had not been recognised before he was caught, but only afterwards which now seems to be a bit of a result for him. Maybe someone knows more whether this is true or not better than me? Also as the OP has already stated, this was apparently a human rights issue, and the reasons given were that there was evidence that he would try and kill himself if he was extradited.
Whether that is fact or a clever lawyers argument, I would still hope that his offense can still be heard in a British court? Surely there must be a sound argument for this, or is it purely that he is a British citizen and Hamza was not, as far as one being extradited and one not?
Sorry but if Hamza has been extradited under the treaty laws we currently have with the US, then I do not know why an American judge cannot determine whether he should stand trial or not, as the offenses were against the USA.
In answer to my own question.
He was arrested in 2002 and diagnosed with autism spectrum disorder compounded with depression in 2008. Six years after his arrest. He was born in 1966 so if my maths are correct it took 42 to come to that diagnosis?
Sorry but it is in my nature to be cynical when a person suddenly develops something that it would seem even his Mother did not know he had, after being charged with a very serious crime. But sometimes even the Government gets rid of an expert if the findings do not meet certain needs.
But obviously I have to go with the evidence of experts I suppose in this matter. :notes:
Hamza has Briish Citizenship.....
You're all heart star....
At long last, the British government has told the US to go fuck themselves and in this case, rightly so to the extent that the extradition treaty with the US has also been changed.
Whether or not Mr McKinnon will face a British court remains to be seen. It is for the DPP to decide.
The treaty was always very much one sided and in my humble view, it is right and proper that his appeal against extradition was successful. Previous Home Secretaries have fudged the issue for far too long. His 10 year fight for justice, which in my view would not have been served by his extradition, is thankfully over.
If the US have such weak password control over such sensitive data, it is all fool them. They should be grateful that it was drawn to their attention by a 'friendly' intrusion rather than by the forces of evil which it could so easily have been.
I am old enough to remember 'squeaky-da-mouse' and his friend who hacked the private mailbox of the Duke of Edinburgh in 1984 and whilst they were fined not very much, if only because they wanted to make an example of them, they exposed a massive open back door to BT's Prestel system.
Can you honestly say star that if you were passing an open door somewhere unusual, you wouldn't be tempted to look inside?
And why not flower?
The hook used it to very good effect to stall his extradition to the US and there is no reason why Mr McKinnon should not have done so legally either.
I heard it said on the news conference today (I think by Shami Chakrabati of Liberty) that if the human rights act had not been in place in this case, Mr McKinnon could well have found himself being extradited.
Well done Europe!
It is in fact fairly common for people to be diagnosed with aspergers later on in life. I know of a number of highly functioning adults who have been diagnosed in last few years, all over 40.
I am not sure why it is more likely to be picked up now, but I would guess, from my experience of growing us as a care giver to someone with severe learning disabilities and watching the struggles we had with his diagnosis and care, that it is no small part simply due to scientific and medical advancement. 20 odd years ago, there wasn't a clear picture of such syndromes and more is learnt of them every day. Upon his arrest, Gary McKinnon has spent time with doctors and experts that he wouldn't have before, who have had time to assess and diagnose his condition.
Unless - you are seriously suggesting that the medical profession has lied or tricked people - then that would be why it has been picked up now and not years ago when he was in his youth.
Well relying on Wiki to substantiate any claim/opinion is a backward step to start with....