June 15, 2012 10:40 pm
Source: www.ft.com
Alleged hacker Ryan Cleary to be tried in UK not US - Daily Telegraph
American officials have demanded that he is tried in the US despite ongoing wrangling between legal and medical experts about whether or not the 46-year-old would pose a suicide risk.
Theresa May, the Home Secretary, is expected to make a decision about whether to allow extradition by the end of July.
Cleary, the son of a college lecturer from Wickford, Essex, is alleged to have been a member of a hacking group called LulzSec and was charged with five offences under the Criminal Law Act and Computer Misuse Act, including an attack on the website of the Serious Organised Crime Agency.
He is accused of conspiring with three others to create a remotely-controlled network of zombie computers, known as a "botnet", which crashes websites.
Miss Todner, who also represents McKinnon, said that the decision to prosecute him in the UK was the right one and proof that it could be done.
“Cleary has always co-operated with British police on the basis that he would not be extradited,” she said.
“It is the proper application of law and shows that it is possible to prosecute here, so why isn’t it the same for McKinnon?
“British police arrested and interviewed McKinnon but then just decided to hand it over to the US.”
Miss Todner said no decision had been made about whether Cleary would deny or accept the charges but said that if any application was made for his extradition it would be “fiercely” contested.
"Mr Cleary suffers from Asperger's syndrome and is on the autistic spectrum and extradition to the United States is totally undesirable,” she added.
A US embassy spokesman said: “The US is not making any request of the UK regarding Ryan Cleary’s extradition at this time.”
The spokesman added: "No legal medical documentation or evidence has been officially presented to us to suggest that Mr McKinnon has a medical condition that should be taken into consideration in our request for his extradition."
Janis Sharp, McKinnon's mother, insisted he had been subjected to tests by five separate medical experts, all of whom were "supposed to be independent" and whom had diagnosed Asperger's and that he was a suicide risk and was unfit to stand trial in the US.
Source: www.telegraph.co.uk
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