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Nasa hacker judicial review date set

Tom Espiner ZDNet.co.uk

Published: 27 Feb 2009 18:03 GMT

A date has been set for a High Court judicial review of Nasa hacker Gary McKinnon's case.

The review, set for the 9 and 10 June, will focus on whether McKinnon's diagnosis with Asperger's syndrome was taken into account during his appeals process.

Gary McKinnon's mother Janis Sharp told ZDNet UK of the judicial review date via an email on Friday. Sharp said she had felt "broken" and "beaten up" by a Crown Prosecution Service decision on Thursday not to prosecute McKinnon in the UK, but that she was now "getting back in fighting mode".

McKinnon has been accused by US prosecutors of "the biggest military hack of all time". The US authorities allege that McKinnon caused $700,000 (£500,000) of damage, and disabled systems and military equipment, by hacking into US military computers at the Pentagon, at Nasa, and at US military installations in 2001. McKinnon has never denied hacking US systems, but denies causing damage. He claims to have been searching for UFOs.

Forty-three-year-old McKinnon faces up to 70 years in a maximum security if found guilty by a US court.

McKinnon's solicitor Karen Todner told ZDNet UK on Friday that she hoped the High Court review would prevent McKinnon's extradition.

"We're hoping the court will say that Gary's Asperger's will prevent his extradition, as to extradite him would be a breach of his human rights," said Todner.

The review will include an appraisal of home secretary Jacqui Smith's decision not to halt McKinnon's extradition to the US in September. Smith was aware of McKinnon's Asperger's when she turned down the autumn appeal against McKinnon's extradition.