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Hacker wins court review decision Hacker wins court review decision
(20 minutes later)
British hacker Gary McKinnon has won permission from the High Court to apply for a judicial review against his extradition to the United States.British hacker Gary McKinnon has won permission from the High Court to apply for a judicial review against his extradition to the United States.
The 42-year-old from London, who was diagnosed last August as having Asperger's Syndrome, has admitted hacking into US military computers.The 42-year-old from London, who was diagnosed last August as having Asperger's Syndrome, has admitted hacking into US military computers.
His lawyers had said Mr McKinnon was at risk of suicide if he were extradited.His lawyers had said Mr McKinnon was at risk of suicide if he were extradited.
Lawyers for the home secretary had argued against the review, saying the risk to Mr McKinnon's health was low.Lawyers for the home secretary had argued against the review, saying the risk to Mr McKinnon's health was low.
Fresh challenge
Lord Justice Maurice Kay and Mr Justice Simon ruled that Mr McKinnon's case "merits substantive consideration" and granted him leave to launch a fresh challenge at the court in London.Lord Justice Maurice Kay and Mr Justice Simon ruled that Mr McKinnon's case "merits substantive consideration" and granted him leave to launch a fresh challenge at the court in London.
His lawyers had previously told the High Court that if he were removed from his family and sent to the US, his condition was likely to give rise to psychosis or suicide.His lawyers had previously told the High Court that if he were removed from his family and sent to the US, his condition was likely to give rise to psychosis or suicide.
The condition was not taken into consideration by Home Secretary Jacqui Smith last October when she permitted the extradition.The condition was not taken into consideration by Home Secretary Jacqui Smith last October when she permitted the extradition.
However, her lawyers said she acted within her powers.However, her lawyers said she acted within her powers.
The judges said that although Home Secretary Jacqui Smith's decision might be found to be "unassailable", Mr McKinnon had an arguable case that should be tested in court.The judges said that although Home Secretary Jacqui Smith's decision might be found to be "unassailable", Mr McKinnon had an arguable case that should be tested in court.
'No malicious intent' Mr McKinnon, who is from Wood Green, has always admitted hacking into the computer systems in 2001-2 -which the US government says caused damage costing $800,000 (£550,000). This case has been going on since 2002 and finally we have got the first right decision Karen Todner class="" href="/1/hi/technology/4715612.stm">Profile: Gary McKinnon
Mr McKinnon has always admitted hacking into the computer systems in 2001-2 -which the US government says caused damage costing $800,000 (£550,000).
He hacked into 97 government computers belonging to organisations including the US Navy and NASA.He hacked into 97 government computers belonging to organisations including the US Navy and NASA.
He has always said that he had no malicious intent but was looking for classified documents on UFOs which he believed the US authorities had suppressed.He has always said that he had no malicious intent but was looking for classified documents on UFOs which he believed the US authorities had suppressed.
Outside court, Mr McKinnon's solicitor Karen Todner said she was delighted with the decision.
"The judges have granted permission for a review of our claim that the home secretary has not sufficiently taken account of the effects of Asperger's, and particularly the effect it will have upon him if he were to be extradited.
'Social naivety'
"It is the right decision. This case has been going on since 2002 and finally we have got the first right decision."
Those with Asperger's Syndrome commonly become obsessed with certain activities and interests and have a level of "social naivety" when it comes to evaluating the consequences of their actions.Those with Asperger's Syndrome commonly become obsessed with certain activities and interests and have a level of "social naivety" when it comes to evaluating the consequences of their actions.
Prof Simon Baron-Cohen, who diagnosed Mr McKinnon with the condition, has said of the hacker's actions: "We should be thinking about this as the activity of somebody with a disability rather than a criminal activity."Prof Simon Baron-Cohen, who diagnosed Mr McKinnon with the condition, has said of the hacker's actions: "We should be thinking about this as the activity of somebody with a disability rather than a criminal activity."
Mr McKinnon's legal team have sent a request to the Director of Public Prosecutions (DPP), Keir Starmer, asking for him to face trial in the UK rather than the US.Mr McKinnon's legal team have sent a request to the Director of Public Prosecutions (DPP), Keir Starmer, asking for him to face trial in the UK rather than the US.
The home secretary has agreed to postpone Mr McKinnon's extradition until the DPP gives his response to the case in four weeks.The home secretary has agreed to postpone Mr McKinnon's extradition until the DPP gives his response to the case in four weeks.
If the DPP is persuaded to try Mr McKinnon in the UK, the hacker would face a three to four year sentence, rather than a potential 70 years in US courts.If the DPP is persuaded to try Mr McKinnon in the UK, the hacker would face a three to four year sentence, rather than a potential 70 years in US courts.