McKinnon saved from Extradition -with fuil support from the Conservatives
The judge ordered a full judicial review of the case, which will not be heard before April or May this year.
Had he turned down Gary's request for a review, the hacker could have been on a plane to the U.S. - where he faces 60 years in jail - by the end of this month.
Legal proceedings are now almost certain to drag on beyond the General Election, raising optimism among Gary's supporters that the Tories will halt the extradition if they win.
Mr Justice Mitting ruled sending Gary to face U.S. court could be unlawful
Tory justice spokesman David Burrowes, who is also Gary's MP, said he would 'expect' a future Conservative home secretary to stop the removal process.
He granted Gary's legal team and the Home Office several months to prepare for the hearing in April or May.
Even if Gary were to lose, he would have 28 days to appeal to the Supreme Court, plus a last-ditch hearing in Europe.
This makes it near inevitable the case will not be concluded before the last possible date for the General Election - June 3.
The Tories have said they would review the 2003 Extradition Act, which they believe treats British citizens unfairly.
Mr Burrowes said: 'My view is any home secretary looking at the medical evidence would make the fair and just decision not to extradite Gary McKinnon.
'I hoped Alan Johnson would do that and I would expect any future home secretary - and if that was a Conservative home secretary - to take the just decision not to extradite Gary.'
The Enfield Southgate MP added: 'Alan Johnson should see the writing on the wall from the court and accept that he was wrong to ignore the new and compelling medical evidence.
The judge ordered a full judicial review of the case, which will not be heard before April or May this year.
Had he turned down Gary's request for a review, the hacker could have been on a plane to the U.S. - where he faces 60 years in jail - by the end of this month.
Legal proceedings are now almost certain to drag on beyond the General Election, raising optimism among Gary's supporters that the Tories will halt the extradition if they win.
Mr Justice Mitting ruled sending Gary to face U.S. court could be unlawful
Tory justice spokesman David Burrowes, who is also Gary's MP, said he would 'expect' a future Conservative home secretary to stop the removal process.
He granted Gary's legal team and the Home Office several months to prepare for the hearing in April or May.
Even if Gary were to lose, he would have 28 days to appeal to the Supreme Court, plus a last-ditch hearing in Europe.
This makes it near inevitable the case will not be concluded before the last possible date for the General Election - June 3.
The Tories have said they would review the 2003 Extradition Act, which they believe treats British citizens unfairly.
Mr Burrowes said: 'My view is any home secretary looking at the medical evidence would make the fair and just decision not to extradite Gary McKinnon.
'I hoped Alan Johnson would do that and I would expect any future home secretary - and if that was a Conservative home secretary - to take the just decision not to extradite Gary.'
The Enfield Southgate MP added: 'Alan Johnson should see the writing on the wall from the court and accept that he was wrong to ignore the new and compelling medical evidence.
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