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12th June, 2009, 06:00 AM
A British "UFO eccentric" accused of hacking into US military networks should be tried in the UK - not America - because of his mental health problems, the High Court was told .
A QC appearing for Gary McKinnon, who suffers from Asperger's Syndrome, said there was "clear, uncontradicted expert evidence" that the stress of extradition could result in psychosis and suicide because of his illness.
Mr McKinnon, from Wood Green, London, is seeking judicial review of the then Home Secretary Jacqui Smith's decision last October to order extradition after previous legal challenges failed.
Mr McKinnon's supporters say he acted through "naivety" as a result of Asperger's - a form of autism which leads to obsessive behaviour - and should not be considered a criminal.
His QC, Edward Fitzgerald, accused the Home Secretary of reaching a "flawed" decision in the light of the uncontradicted medical evidence of the severe mental suffering extradition could trigger.
He told Lord Justice Stanley Burnton and Mr Justice Wilkie: "She underestimated the gravity of the situation without obtaining evidence of her own. She is simply not addressing the issue."
The US government says Mr McKinnon was responsible for the "biggest military hack of all time", involving 97 government computers belonging to organisations including the US Navy and Nasa.
Mr McKinnon has admitted hacking into the system in 2001-2, but claims he was looking for evidence of extra-terrestrial life.
The US government alleges his conduct was intentional and calculated to influence and affect it by "intimidation and coercion". It says the cost of repair totalled more than 700,000 US dollars (?436,000).
But Mr Fitzgerald said extradition was "unnecessary, avoidable and disproportionate" as Mr McKinnon could be prosecuted in the UK and was prepared to plead guilty to computer hacking offences.
Being forced to travel to America and face separation from his partner and family would impact on his Asperger's Syndrome and expose him to a high risk of serious mental deterioration, said Mr Fitzgerald.
Home Office lawyers argue extradition is justified and would not be disproportionate, given the very serious charges Mr McKinnon faces.
The US authorities had given assurances he would be provided with appropriate care and treatment.
Mr McKinnon, who began writing his own software programmes at 14, was diagnosed with Asperger's last August.
His lawyers fought a series of battles to block his removal and lost every one until earlier this year when judges ruled the fresh evidence about his health "merits substantive consideration", leading to today's hearing.
He was caught as he tried to download a grainy black and white photograph he believed was an alien spacecraft from a Nasa computer in the Johnson Space Centre in Houston, Texas.
A QC appearing for Gary McKinnon, who suffers from Asperger's Syndrome, said there was "clear, uncontradicted expert evidence" that the stress of extradition could result in psychosis and suicide because of his illness.
Mr McKinnon, from Wood Green, London, is seeking judicial review of the then Home Secretary Jacqui Smith's decision last October to order extradition after previous legal challenges failed.
Mr McKinnon's supporters say he acted through "naivety" as a result of Asperger's - a form of autism which leads to obsessive behaviour - and should not be considered a criminal.
His QC, Edward Fitzgerald, accused the Home Secretary of reaching a "flawed" decision in the light of the uncontradicted medical evidence of the severe mental suffering extradition could trigger.
He told Lord Justice Stanley Burnton and Mr Justice Wilkie: "She underestimated the gravity of the situation without obtaining evidence of her own. She is simply not addressing the issue."
The US government says Mr McKinnon was responsible for the "biggest military hack of all time", involving 97 government computers belonging to organisations including the US Navy and Nasa.
Mr McKinnon has admitted hacking into the system in 2001-2, but claims he was looking for evidence of extra-terrestrial life.
The US government alleges his conduct was intentional and calculated to influence and affect it by "intimidation and coercion". It says the cost of repair totalled more than 700,000 US dollars (?436,000).
But Mr Fitzgerald said extradition was "unnecessary, avoidable and disproportionate" as Mr McKinnon could be prosecuted in the UK and was prepared to plead guilty to computer hacking offences.
Being forced to travel to America and face separation from his partner and family would impact on his Asperger's Syndrome and expose him to a high risk of serious mental deterioration, said Mr Fitzgerald.
Home Office lawyers argue extradition is justified and would not be disproportionate, given the very serious charges Mr McKinnon faces.
The US authorities had given assurances he would be provided with appropriate care and treatment.
Mr McKinnon, who began writing his own software programmes at 14, was diagnosed with Asperger's last August.
His lawyers fought a series of battles to block his removal and lost every one until earlier this year when judges ruled the fresh evidence about his health "merits substantive consideration", leading to today's hearing.
He was caught as he tried to download a grainy black and white photograph he believed was an alien spacecraft from a Nasa computer in the Johnson Space Centre in Houston, Texas.