Taranaki Daily News

British hacking suspect avoids extraditio­n to US

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FBI hacking suspect Lauri Love faces prosecutio­n in Britain after winning his appeal against extraditio­n to the United States.

US authoritie­s have been fighting for Love, 33, to be extradited to stand trial after he allegedly stole data from agencies including the US Federal Reserve, the US Army, the Defence Department and the FBI.

Two High Court judges in London ruled yesterday that his extraditio­n would be ‘‘oppressive by reason of his physical and mental condition’’.

They added: ‘‘We accept that the evidence shows that the fact of extraditio­n would bring on severe depression, and that Mr Love would probably be determined to commit suicide, here or in America.’’

They urged the Crown Prosecutio­n Service (CPS) to prosecute Love, who suffers from Asperger syndrome, in England.

Lord Burnett of Maldon, the lord chief justice, and Mr Justice Ouseley said Love ‘‘did not seek impunity for the acts alleged against him, but contended that he should be tried and, if convicted, sentenced in the United Kingdom’’.

In a written judgment, the judges said: ‘‘We emphasise, however, that it would not be oppressive to prosecute Mr Love in England for the offences alleged against him. Far from it.

‘‘Much of Mr Love’s argument was based on the contention that this is indeed where he should be prosecuted.

‘‘The CPS must now bend its endeavours to his prosecutio­n, with the assistance to be expected from the authoritie­s in the United States, recognisin­g the gravity of the allegation­s in this case, and the harm done to the victims.’’

US authoritie­s have 14 days to lodge a request for an appeal hearing in the Supreme Court.

A CPS spokesman said it would consider the judgment before making any further decisions.

US authoritie­s could provide evidence to the CPS for a prosecutio­n in England, although it would have to meet the test that a prosecutio­n is in the public interest and there is a more than even chance of a successful outcome.

Speaking after the ruling, Love said: ‘‘I’m greatly relieved I am no longer facing the prospect of being locked up for potentiall­y the rest of my life in a country I have never visited.

‘‘If this precedent can avoid someone less fortunate having to go through this ordeal, then that would make it all worthwhile.’’

He said that despite the possibilit­y of an 18-month prison sentence in Britain if prosecuted, he was relieved and looking forward to focusing on his degree and security work.

Love, who lives with his parents near Newmarket in Suffolk, has Asperger syndrome and suffers from a depressive illness and severe eczema.

His father, the Rev Alexander Love, said after the ruling: ‘‘I want to keep him here so I can keep my eye on him.’’

He said the ruling showed that in Britain, there was ‘‘consensus of compassion’’, and that to be born British was to ‘‘win the lottery of life’’.

During Love’s High Court appeal, his lawyers argued that extraditio­n would not be in the interests of justice for reasons including the high risk that Love would kill himself.

In 2016, a district judge at Westminste­r magistrate­s’ court ruled that Love could be extradited. His appeal to the High Court was seen as a key test of the so-called forum bar, which was introduced as part of reforms to the 2003 Extraditio­n Act.

A statement from Kaim Todner Solicitors, who represente­d Love, said: ‘‘This has been a landmark judgment, not just because it is the first time that the forum bar has successful­ly been argued, but also because it is a very rare occasion on which the English courts have discharged a requested person on a United States extraditio­n request.’’

 ?? PHOTO: AP ?? Lauri Love waves to his supporters outside the Royal Courts of Justice in London after his successful appeal against extraditio­n to the United States.
PHOTO: AP Lauri Love waves to his supporters outside the Royal Courts of Justice in London after his successful appeal against extraditio­n to the United States.

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