Saving Gary McKinnon (17 page)

It is also rare for any trial to take place in the US – 96 per cent of cases are settled by plea bargain, and many innocent people will accept a guilty plea as they’re so afraid of the
disproportionate
sentences they’re usually threatened with.

If the UK insisted on equality with the US, a UK trial could be ordered under these circumstances.

I went to our friends Jim and Helen’s house to have my hair cut as I knew I had to start looking after myself. Their friend Dave is a great hairdresser who used to cut the hair of many rock stars and regularly came to their house to cut Helen’s hair. A simple trip to catch up with friends felt like respite to us.

Dave the hairdresser told us about a customer who had been perfectly healthy but started having a few headaches. He was due to cut her hair later that day but had had a telephone call from his customer’s friend to tell him that she had just died of a stroke. It was shocking how, in a heartbeat, a life was gone.

On 21 September we had to go to a course in Luton and Rosemarie, the supervising social worker, was there. Rosemarie always smiled and laughed and made everyone feel happy. She was so gentle and lovely but was quieter than usual that day and wasn’t her happy smiling self. I spoke to her and she told me she had a bad headache which she’d had for a day or two. I had also had a bad headache for a day or two but I felt worried about Rosemarie after what Dave had told us about his customer dying suddenly. Five days later, Rosemarie died in her sleep from a stroke. We were so upset. Rosemarie had just come through a difficult divorce and she had two
teenage
daughters who must have been devastated by their mum’s death. She had just acquired a little puppy and had been so happy.

On 28 September my friend Claire’s dad died suddenly from a brain tumour. I had met Claire Simmons via Twitter and apart from Wilson she was my right-hand person in my daily fight to
save Gary. She was devastated by her dad’s death and
desperately
worried about her mum. It was all so sad.

These three sudden deaths all in a row, all preceded by
headaches
, brought home to me just how quickly life can be snatched away when we least expect it.

I started to worry about what would happen to Gary if anything happened to me. Who could fight for him as well as I could?

That evening I walked over to Wilson, who was sitting in his swivel chair in front of the computer. He spun round and looked up at me.

‘Wilson, I need to ask you something.’

‘Yes?’

‘I need to know that if anything happens to me you’ll look after Gary and make sure that you’ll do whatever it takes to make sure he stays here.’

‘Of course I will, Janis, you know that.’

‘But I need you to promise me, that you won’t under any circumstances allow Gary to be extradited. I need to hear you saying that. I have to know that you’ll keep him safe.’

‘Nothing is going to happen to you, Janis!’

‘You have to promise me, Wilson,’ I said anxiously.

‘I promise, Janis. I will never allow Gary to be extradited to America. I would die before I would allow that to happen.’

We held each other tight and I felt able to breathe again.

It seemed to be taking forever for the government to refuse to extradite, which I was sure they were going to do. But on 5 October, David Cameron said in an interview with Tom Bradby from ITN that there would be a decision on Gary in
weeks rather than months. This was a huge relief but I knew I still had to do everything possible to help to make sure that the decision would be the right one.

A senior police official who regularly works in Iraq and Afghanistan was an ex-neighbour. He’s Britain’s main expert on lie detectors and I asked him if he would put Gary on a lie detector to prove to our government that Gary did not cause the damage alleged and also that the risk of suicide was a stark reality and not an idle threat.

D. and his wife were really nice people and during a
conversation
we’d had years before he’d made us laugh when he was talking about vetting his daughter’s new boyfriend with the use of a lie detector. The scenario he painted sounded a lot like the film
Meet the Parents
, the parents in the film being the ‘Fockers’.

We pitied their daughter’s boyfriend but couldn’t stop
laughing
at the idea of what he must have been put through, and we totally understood how in his specialised job Mr D. would have been likely to have seen the very worst of people, and would be overly anxious to protect his daughter.

I spoke to Gary to get his agreement for me to approach our ex-neighbour. Gary was absolutely unfit to be extradited to America and I felt that a lie detector would prove that.

The questions I had prepared included:

The reason I asked about the implant is because Gary firmly believes that an alien implant was inserted in his foot during the night many years ago and is still there.

D. was extremely kind, but broke the deeply disappointing news that lie detectors don’t work on people with Asperger’s.

He also told me that Gary had walked aimlessly in front of his car recently and that he nearly ran him down. The problem was that Gary was living in a twilight world and no longer cared if he died.

After considering Gary’s case for six months, the government asked for Gary’s mental health to be reassessed by two Home Office-appointed medical experts. This was despite Gary having been assessed several times over by five world experts in autistic spectrum disorders and depression.

It was a huge blow to us as this meant yet more delay. David Cameron had said only a week before that there would be a decision on Gary soon, so it was difficult for me to tell Gary that they wanted even more assessments of his mental health, as it meant he’d be locked in limbo for many more months to come. He could barely cope as it was. The expectation that the end was close and that the government would refuse extradition was what had kept him going.

On 13 October 2010 thirty-three miners were rescued in Chile after being trapped deep underground for months. The rescue was incredible and was being watched around the world
twenty-four hours a day. To see the miners finally free was an extremely moving and truly uplifting experience.

Watching the rescue of Chile’s miners reminded me of how, at the time when Jack Straw was the Justice Secretary, the British government had refused to extradite Chile’s notorious dictator General Pinochet, said to be responsible for the disappearance of thousands of Chileans.

Now some of the same Home Office advisers who had kept General Pinochet’s medical evidence secret from the CPS and from Spain – thus preventing Pinochet from being extradited or from being tried in the UK – appeared to be doing the opposite in Gary’s case. They actually listed all of the American allegations against Gary at the start of their instructions to the psychiatrists appointed by the Home Office to assess Gary’s mental health. I found this shocking, as the damning and unfounded allegations might well negatively influence the psychiatrists.

Gary had already effectively served a British life sentence of mental torture for an eccentric crime that in 2002 the CPS said would have been likely to attract a six-month community service sentence.

N
ovember 2010.

When Justice Mitting granted Gary a judicial review of the Home Secretary’s decision in January 2010, the criteria he gave for being able to refuse extradition were:

‘Did the opinion of Gary’s psychiatrist amount to a
fundamental
change in circumstances? Did the evidence show that suicide would be an almost certain inevitability should he experience
extradition
?’

If the answer is yes, the Home Secretary can refuse to extradite.

The answer was yes. And in addition to that, there was still further evidence that no court had yet seen, including evidence from psychiatrists in Glasgow of a history of mental illness existing in three generations of Gary’s family, the evidence of Gary’s mental health issues in his NHS records, the newest assessments of Gary’s mental health by top psychiatrists and the fact that the Home Office psychiatrists had now stated in evidence that they could offer no assurance that Gary would not commit suicide… Surely this was more than enough medical evidence for extradition to be refused?

The courts had very recently refused to extradite a convicted
American paedophile who was married to a British Ministry of Justice policy manager, as apparently extradition to his own country would be against his human rights. Yet everyone wanted to see this man locked up. He was described by America as a ‘most wanted’ criminal, but is now free to wander the streets of London despite being a danger to children.

It puzzles me that Alan Johnson didn’t choose to complain about the refusal to extradite to the US this convicted American paedophile. Nor did he complain about the refusal to extradite US-born Mr and Mrs Tollman, or an alleged IRA bomber.

It seems that only Gary, a vulnerable British computer geek with Asperger’s syndrome, arrested and indicted prior to the US–UK extradition treaty even being written, incurred Mr Johnson’s outrage, despite the CPS confirming that no evidence of the alleged damage has ever been presented to them. I’m glad, however, that Mr and Mrs Tollman were not extradited to the US.

We were listening to the Jeremy Vine radio show and he was having a phone-in on Gary. The first caller turned out to be Rachel Glastonbury, Gary’s very first girlfriend, who he had met at a school camp. Rachel was now a doctor and spoke about how Gary had always been obsessed by space and UFOs, how even as a child she could see how vulnerable he was, and how
heartbroken
she was over what was happening to Gary now.

Rachel also spoke about how her similarly vulnerable brother Dan, a gentle and talented musician, had taken his own life when he was still in his teens.

We hadn’t seen or heard from Rachel in more than twenty years and were really moved by her call and by her kindness and willingness to help Gary.

During this time the National Autistic Society launched a petition for Gary, receiving thousands of signatures within a week in support of him staying in the UK.

On 30 November I was due to give evidence to the Home Affairs Select Committee for a second time. Shami Chakrabarti from Liberty and Jago Russell from Fair Trials were also giving evidence, as was David Blunkett, who had actually signed the extradition treaty but later agreed that he had given too much away.

Just before I was about to appear I got a text from Duncan Campbell of
The Guardian
, saying that the paper was about to publish extracts from WikiLeaks detailing how our previous Prime Minister, Gordon Brown, had personally gone to both the American ambassador and Hillary Clinton asking for Gary to be allowed to serve any sentence in the UK. Gordon Brown had done this without informing anyone, including his own Home Secretary, Alan Johnson.

I was pleased to hear this, as I had no idea that Gordon Brown had raised his head above the parapet and lobbied the Americans to try to help Gary.

Keith Vaz was smiling broadly when he read out the WikiLeaks information that had come through at such an opportune moment. WikiLeaks was the new buzzword and was transforming political perceptions throughout the world.

In the committee hearing, Shami Chakrabarti and Jago Russell put forward an extremely strong case for fairness and forum to be introduced in extradition cases.

I gave evidence last. The Home Affairs Select Committee asked pertinent questions and I was confident in my answers. That they were taking account of such a cross-section of evidence gave me hope that the 2003 extradition treaty really would be changed.

I thanked Duncan Campbell for letting me know about Gordon Brown and WikiLeaks, and Duncan said, ‘Julie said you can use her name as a supporter.’

‘Julie?’

‘Julie, my wife.’

‘Julie Campbell?’ I said.

‘Julie Christie,’ said Duncan.

‘Julie Christie! I had no idea you were married to
the
Julie Christie.’

I smiled and thanked Duncan and asked him to thank Julie.

It made such perfect sense that Julie and Duncan were married to each other. They were both good people, both
creative
and both voices for justice.

When we first met Duncan in court, he initially reminded me of Terence Stamp, the actor, but Duncan was younger and nicer-looking and had a gentler and kinder persona. Our friend Joe Winnington (David Gilmour’s brother-in-law) told us that the song ‘Waterloo Sunset’ by the Kinks was about Julie Christie and Terence Stamp. I don’t know if this is true, but I do know that Julie Christie and Duncan Campbell just seem so right together, in harmony politically as well as emotionally.

Duncan was so open to listening to what Gary had to say: he always reported the facts, but with compassion and
understanding
and his take on the effect of world politics on individuals.

On 14 December, my birthday, Gary’s MP, David Burrowes, booked a room in Portcullis House for a few hours and we asked MPs to attend to sign a huge Christmas card and to write a message for Gary. The card was made by Gary’s barrister’s artistic mother, who did a beautiful drawing of the Houses of Parliament on it. Melanie Riley and Liberty were present, and the event gave us a chance to talk to the cross-party MPs who took the time to come.

A man with blond hair entered the room, with style and panache. He stood out from the crowd and we all wondered who he was. It turned out that he was Desmond Swayne, David Cameron’s parliamentary private secretary. Everyone thought this was a good sign, believing that he would not have signed Gary’s card without David Cameron’s blessing.

Dennis Skinner, my sister’s MP, also came in to sign Gary’s card and I was able to speak to him. Dennis also stands out from the crowd, a charismatic character who never minces his words. I was impressed that such diverse politicians from all political parties, including Angus MacNeil from the Scottish Nationalist Party, took the trouble to sign the card and wish Gary luck.

Theresa May was giving evidence to the Home Affairs Select Committee in Parliament that afternoon. My brother Ian was visiting us from Scotland and he came in with us to listen to her. Ian was fascinated by the workings of Parliament and the grandeur and history of the building. True to form, Keith Vaz again raised Gary’s case with the Home Secretary and asked how soon a decision was expected.

There was press outside Parliament, asking me to risk life and limb by standing in the busy road in the freezing cold to have photographs taken of me holding the very large card, so of course I did. Somehow you feel as though Christmas can conjure up a miracle. The story duly appeared in the press, ensuring that Gary’s plight wouldn’t be forgotten over the Christmas period.

One of the doctors the Home Office had chosen to assess Gary for suicide risk did not have the required expertise in autistic spectrum disorder, and the other doctor was one of Gary’s expert witnesses. Surely using Gary’s doctor as theirs was highly
unethical and a conflict of interest? The Home Office initially said that they would not wish to use the same doctor, but then changed their mind and insisted on doing just that.

When we strongly objected to this, the Treasury solicitor informed us that they could appoint Gary’s psychiatrist if they wanted to and there was nothing we could do about it.

We informed the Home Office that we would be happy for Gary to be assessed by any psychiatrist recommended by the National Autistic Society. However, the Home Office were not prepared to do this: the acting Chief Medical Officer insisted that a psychiatrist with no expertise in the field was perfectly capable of assessing depression, and specifically suicide risk, in someone with ASD. This was a claim we and the National Autistic Society strongly disputed, but the Home Office refused to consider the NAS’s offer to forward them a list of experts in the field.

As Gary’s life depended on the assessments, we refused a doctor who did not have the expertise required and we objected to Gary’s expert witness becoming an expert witness for the Home Office – which would have meant that he could no longer be Gary’s expert witness.

Gary had been individually assessed, face to face, by Dr Thomas Berney, Professor Simon Baron-Cohen, Professor Jeremy Turk and Professor Murphy, all of whom were leading experts in the field and all of whom agreed on the diagnosis.

To try to appease the Home Office we arranged for Gary to be assessed by Dr Vermeulen, a Home Office-approved
consultant
forensic psychiatrist recommended by the NAS. We first invited the Home Office to solely appoint Dr Vermeulen, or any consultant forensic psychiatrist recommended by the NAS, but they refused.

This all seemed to fly in the face of logic and I was
feeling
deeply uneasy. So I did what everyone regarded as the
unthinkable and flatly refused for Gary to be assessed by either of the Home Office’s choices.

Gary’s legal team hastily arranged a conference and concluded that although it was far from ideal, we had no choice but to do as the Home Office said. We had a very heated discussion in conference as they felt I was making their position difficult and that the Home Secretary might well just decide to extradite Gary if we did not agree to comply.

I’ve always believed in fairness and transparency, and I firmly believed that what was being forced on us was wrong.

It seems to be well known in legal circles that even the
barristers
and lawyers refer to certain doctors as hitmen. I’m certainly not saying that was the case with either of the doctors concerned, but I was determined to ensure that absolute fairness was applied.

I was not going to fail in my duty as a parent.

On 16 December 2010 Lord Maginnis raised Gary’s case in the House of Lords.