Penny Dreadfull, Jun 14 15:17 (BST):
For the Urgent Attention of David Cameron, Theresa May, Nick Clegg, Dominic Grieve:
Name: Penny Dreadfull
Message: re. Gary McKinnon
This Government has been in power for two years and the pre-election promise on Gary McKinnon is one that must be kept. I oppose the Extradition of Gary McKinnon who both the Conservatives and the Lib Dems promised to help while in opposition.
David Cameron has publicly raised Gary McKinnons case twice with President Obama. Gordon Brown raised it previously with Hilary Clinton and the American Ambassador. Nick Clegg campaigned for Gary via the media and outside the Home Office shoulder to shoulder with Garys mother Janis Sharp.
Gary McKinnon has been deemed UNFIT FOR TRIAL and at Extreme Suicide Risk by Doctor Vermeulen who is a Home Office approved expert in assessing suicide risk. There is more than enough Medical Evidence for the British Government to refuse to extradite Gary McKinnon. Mrs Tollman, an American citizen had her Extradition to America her own country, refused by a British Court in 2006 as she had developed depression.
Gary McKinnon has lifelong Aspergers Syndrome and has significantly more mental health issues than Mrs Tollman had, plus a history of serious mental illness that spans three generations of Garys family.
Removing Gary McKinnon from his home, his family, his own country and all that he knows is not an option. Extradition must be refused and announced without further delay.
It is clear that our politicians want Gary McKinnon, who has being under arrest for more than ten years, tried in the UK, so our Government must have the strength to stand up for its own citizens just as America, France and Ireland stand up for theirs.
Our Government must have the courage to make their own decisions without having to have the permission of a foreign Government, or our sovereignty is lost. Our Government also must remember that Advisers advise Ministers decide.
As Lord Justice Stanley Burnton said in his Judgement of July 2009 at paragraph 76 of his Judgement:
– I propose to assume therefore, that this is not a case in which the only possible prosecution of Mr. McKinnon would be in the USA. –
Lord Justice Stanley Burnton further recognised that the possibility of prosecution here in the U.K. was relevant….
Theresa May CAN therefore decide in her Quasi Judicial role, that, in her Judgement, the preferred choice of venue for trial in the case of Gary McKinnon is in the U.K and NOT in America. (It is clear to all that this is the only logical choice)
In its report of March 2012, the Home Affairs Select Committee demanded immediate action by the UK government to stop further unjust extraditions to the US. Similar action was demanded by the JCHR (Parliamentary Joint Committee on Human Rights) in April 2011, yet we still await the amendments to the legislation promised by the our Government.
The debate on Extradition that took place in the House of Commons on December the 5th 2011 was passed unanimously by all political parties who are demanding that our current Extradition Treaty with the U.S is changed to include a new Forum amendment and to ensure that evidence is provided that can be contested by the accused in a British court. All present agreed that Gary McKinnon should be tried in the UK.
Please do not respond to this email with a stock answer listing unproven US allegations against Gary McKinnon, when in his Judicial Review against the Crown Prosecution Service in the High Court in 2009 the CPS admitted that they had received no evidence whatsoever from the U.S of any extraditable offence.
Gary McKinnons extradition was approved by the courts despite knowing this and despite Justice Stanley Burnton stating that there was a choice of venue for trial in Gary\’s case and that he could be tried in the U.K.
It is clear to the British public that as Gary who has Asperger\’s Syndrome and related mental health issues could be tried here, he should be tried here, as agreed by the Ex police officer in charge of the High Tech Crime Unit who arrested Gary in 2002.
Gary McKinnon has never left the UK and has been here at all times and as David Cameron said pre-election; if he has a case to answer, it should be answered here in the U.K.
Gary McKinnon has always denied the alleged damage needed to make his crime extraditable. The British Police told Gary he was looking at six months community service but after the CPS were instructed from ..the very top.., the CPS outsourced Garys case to America who informed him he was facing a possible sentence of sixty years (Ten years per Count).
The U.S and the U.K authorities allowed Gary to remain connected to the internet for a further three and a half years after he was arrested in 2002 and before the 20o3 extraditioin treaty was even written proving that both the U.S and the U.K authorities regarded Gary as no threat whatsoever. Gary did not abuse this trust.
This extra-territorial reach of the US prosecutors should not be facilitated by our Government when it is clear that any trial can and should take place in the U.K.
Please ensure that Gary McKinnon will be tried in the UK and amend the Extradition Act to include a new forum amendment without delay and those in a similar position, can have their cases heard in the UK.
The government promised pre-election to do this.
The Extradition Treaty was not ratified by the U.S until 2007 and can legally not be used retrospectively yet Gary McKinnons alleged crime took place in 2001 and 2002 and his arrest and indictment was announced in 2002 so the 2003 treaty is being used retrospectively via a dubious loophole used by US prosecutors of issuing a superceding indictment even when no further charges are included in it, as in Garys case.
Americans are automatically tried in their own country if they were physically in the U.S when the offence occurred and no American has been extradited for crimes that have taken place while they were physically in America on their own soil so equal rights are not being respected and therefore need to be legally implemented.
Our Government must act now before yet another British injustice occurs.
From Nick Clegg MP’s office:
Correspondence Assistant, Jun 14 17:09 (BST):
Thank you for contacting Nick Clegg MP regarding the extradition of Gary McKinnon. I am replying on Nick’s behalf.
Nick quite understands the strength of feeling that Mr McKinnon’s case has generated. However, it would not be appropriate for Nick, in his role as Deputy Prime Minister, to comment further on this specific case. It is the responsibility of the Home Secretary to decide on individual extradition cases.
However, you may be aware that Nick has long had a strong interest in the issue of extradition more broadly. Following the Extradition Review in October 2011, Nick and the Liberal Democrats raised a number of concerns regarding Lord Baker’s conclusions about the standard of proof needed to extradite people between Britain and America, and therefore believed that a second opinion was required.
In light of this, Nick asked Sir Menzies Campbell QC MP to set up and chair a panel to examine the issue of extradition between Britain and the United States. Other Liberal Democrats with an interest in the workings of the UK-US extradition will also serve on the panel. The panel will examine the specific issue of the difference between “probable cause” and “reasonable suspicion” (the Baker Review having concluded that there is no substantial difference between them) and will also consider practical solutions to correct any imbalances. The findings will be released at a later date.
Thank you once again for making Nick aware of your concerns on this matter.
UK Parliament Disclaimer:
This email is a service from Nick Clegg