British hacker Gary McKinnon has won permission from the High Court to apply for a judicial review against his extradition to the United States. The 42-year-old from London, who was diagnosed last August as having Asperger"s Syndrome, has admitted hacking into US military computers. His lawyers had said Mr McKinnon was at risk of suicide if he were extradited. Lawyers for the home secretary had argued against the review, saying the risk to Mr McKinnon"s health was low.
Lord Justice Maurice Kay and Mr Justice Simon ruled that Mr McKinnon"s case "merits substantive consideration" and granted him leave to launch a fresh challenge at the court in London. His lawyers had previously told the High Court that if he were removed from his family and sent to the US, his condition was likely to give rise to psychosis or suicide. The condition was not taken into consideration by Home Secretary Jacqui Smith last October when she permitted the extradition.