Judge rules Scottish man to be extradited to US to face trial for alleged computer hacking

Fromer Glasgow University Student Lauri Love, who has Asperger's, is alleged to have stolen huge amounts of data from American agencies, including Nasa and the FBI.

Published 16th Sep 2016

31 year old Lauri Love, who is accused of hacking into US government computers, can be extradited to the US from Britain to stand trial, District Judge Nina Tempia has ruled at Westminster Magistrates' Court. 

There were gasps in the court room as Mr Love was read the ruling, which followed a case hearing in June at Westminster Magistrates' Court.

The former Glasgow University Student, who now lives in Suffolk, was told he had 14 days to appeal the decision.

The 31-year-old embraced friends and family, who appeared shocked and angry by the decision.

If you have come for justice then you have missed it,'' Mr Love told a crowd of press in the courtroom afterwards.

Ahead of Friday's hearing, Mr Love said he held little hope of justice if he was extradited, and suggested a jail term in the US could cause his health to deteriorate and would lead to a mental breakdown or suicide.

He and his family want him to face justice in the UK rather than the US, which he said coerces'' people into pleading guilty to get reduced sentences.

The case was considered to be the first substantive test of the forum bar'', which was introduced by former home secretary Theresa May to allow courts to block extradition if it is in the interests of justice to have a person tried in Britain instead.

Judge Tempia said Mr Love's rights under article eight of the European Convention on Human Rights - the right to a private and family life - were clearly engaged''.

But she added: In balancing the factors for and against extradition I am satisfied that the very strong counter-balancing factors required to find extradition would be disproportionate are not found in this case.''

She said Mr Love faces extremely serious charges for offences of computer hacking'' and while she acknowledged his physical and mental health issues, she wassatisfied'' his needs would met by US authorities.

She added: I am satisfied Mr Love's extradition would be compatible with his convention rights and I send this case to the Secretary of State for her decision as to whether or not Mr Love should be extradited.''

Outside court Mr Love's solicitor Karen Todner said they were extremely disappointed'' with the decision.

Most of this judgment is about the defence case, the prosecution didn't actually call any evidence,'' she told a huge pack of reporters.

This is not the end of the road, we are going to lodge an appeal, we are still hopeful the appeal will be successful in the High Court.''

The Rev Alexander Love, Mr Love's father, said he was obviously very upset'' with the decision.

I have been alive for a long time and all my life I have always believed to be born in these islands was to win the lottery of life,'' he said.

That in our society there was decency and fairness, that our laws were just. I don't criticise the judge, she has sought to pass judgment on a law that is flawed.

This is not right, that my son can be taken away.

It is my belief that it is not fair or just that a boy who has mental health issues can be taken away from his family, who are his support network, merely to satisfy the desire of the Americans, to exact what I feel is vengeance on him.''