Mr Justice Mitting at the High Court has granted Gary McKinnon (represented by Edward Fitzgerald QC and Ben Cooper both of Doughty Street Chambers and solicitor Karen Todner, Partner, Kaim Todner) permission for a Judicial Review of the Home Secretary's decision not to halt McKinnon's extradition to the US on the basis of the new medical evidence before him.

Mr Justice Mitting said McKinnon's application "raises two stark and simple issues" :

• whether the Home Secretary was compelled by the medical evidence to refuse to surrender Mr McKinnon to the US under Section 6 of the Human Rights Act, and

• whether the medical evidence of Professor Turk constitutes a fundamental change in circumstances previously considered by the Home Secretary

Consultant psychiatrist Professor Jeremy Turk has declared McKinnon to be at "exceptionally high risk of self-harm and even suicide".

Mr Justice Mitting considered "both issues to be arguable" and that if the answers to both issues were affirmative, "then it is arguable that the Home Secretary's decision to extradite Mr McKinnon would be "unlawful".

Janis Sharp, Gary's mother, said through tears of relief: "I can't believe it - some common sense at last. This judge has made such an honourable and decent decision. The relief is incredible, indescribable. We've fought for so long for compassion and understanding. Gary's health has badly declined, it's been traumatic to see. I hope this brings him comfort that the right decision will be made, even if it requires the Courts to impose it rather than our Government to reach it."

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