British hacking suspect avoids extradition to US
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.’’