Extradition of Gary McKinnon letter

30 Apr

Here’s an email that I wrote objecting to the extradition of Gary McKinnon. If you aren’t aware of his case then here is a link with more information, freegary.org.uk

So first is the email I sent….

Apr 27 22:31 (BST):
For the Urgent Attention of David Cameron, Theresa May, Nick Clegg, Dominic Grieve:

Name: Alan Taylor-Shearer
Email: Cpltshirt@gmail.com
Postcode: Pe32 1qf
Message: re. Gary McKinnon

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.
It is clear our politicians want Gary McKinnon tried in the U.K, 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.

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. The USA may be the preferable forum, but not the only forum. –
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 Conservative leaders and the Lib Dem leaders.

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.

It is time for the government to act, by introducing Forum and bringing forward an Extradition Amendments Bill in the Queens Speech in May.

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, 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 amend the Extradition Act to include a new forum amendment without delay and ensure that Gary McKinnon, and those in a similar position, can have their cases heard in the UK.
The government promised pre-election to do this.

A forum amendment ensuring that offences committed while the accused is physically in the UK, can automatically be tried in the UK, can be brought into force without waiting for any changes to be made to the 2003 Extradition Treaty which was not ratified by the U.S until 2007.
Americans are automatically tried in their own country if they were physically in the U.S when the offence occurred.
Our Government must act now before yet another British injustice occurs.

There is more than enough Medical Evidence for the British Government to refuse to extradite Gary McKinnon, in the same way as they refused to extradite Mrs Tollman, an American citizen whos Extradition to America was refused in 2006.
Gary McKinnon has lifelong Aspergers Syndrome and significantly more mental health issues than Mrs Tollman had, plus a history of serious mental illness that spans three generations of Garys family.

Alan Taylor-Shearer

… And now the reply I have had from Nick Cleggs office…

Correspondence Assistant, Apr 30 10:09 (BST):
Dear Sir / Madam,

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.

Best wishes,

Rory Belcher
Office of Nick Clegg MP

Make of that what you will, but here is the same Nick Clegg who cant comment stood next to Gary’s mother Janis&nick

Personally I think he (Nick Clegg) is dodging the issue because it would stand against his master Dave Cameron. Make of that what you will.

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