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More rightwing terrorist plots have been prosecuted in the North East than in other areas of the UK, a spokeswoman for the police’s North East regional counter-terrorism unit has told The Big Issue in the North. Data released by the Leeds-  based unit reveal that five men with far-right links have been convicted on terror charges  between 2007 and 2010 in investigations led by its officers. One, Martyn Gilleard, was sentenced to 16 years in prison in 2008 after police found explosive devices and ammunition at his home in Goole, together with a manifesto declaring that the time had come to “blow up mosques.” Also that year, Nathan Worrell of Grimsby was sentenced to six years in prison after police 4 THE BIG ISSUE IN THE NORTH · 1-7 AUGUST 2011 LOCAL FEATURE news Not often do US officials pay visits to students in Sheffield. But after building a website that allegedly shared links to pirated TV shows and movies, 23-year-old Richard O’Dwyer  became a wanted man. Accused of criminal copyright infringement, the Sheffield Hallam University undergraduate finds himself at the centre of an extraordinary story. US authorities are attempting to extradite him so that he can be tried and imprisoned in America. The threat of extradition came as a shock to the O’Dwyer family. Richard’s mother, Julia, has since been forced to take sick leave because of stress and now spends her days trawling the internet to research the law. Without evidence “The thought of having my only son taken thousands of miles away to face an unknown legal system without being able to monitor what is happening or advocate for him fills me with terror,” she said recently. Though O’Dwyer’s case is unusual, it is not isolated. Since ‘Disproportionate’ extradition of Shef  2004, 28 British nationals have  been extradited to the US, made possible by a treaty signed in 2003. Introduced to speed up the extradition of terrorist suspects, the treaty was negotiated between the Blair and Bush administrations after 9/11. It allows the US to request extradition of UK citizens without evidence and on the  basis of “reasonable suspicion” alone. Disproportionate Using the powers of the treaty to go after people for breaching copyright and other crimes not associated with terrorism, the O’Dwyer family believe, is an abuse of its purpose. By allowing American authorities to seek extraditions on such grounds, they claim that the UK government is failing to protect its citizens and that the treaty is imbalanced in America’s favour. “If Richard has committed any crime, it was committed on UK soil, and we have sufficient copyright legislation here so that he can be prosecuted in the UK,” said a family spokesperson. “To extradite a young man in the middle of his studies is wholly disproportionate. “Since the Extradition Act came into force in 2004, the US has agreed to the extradition to the UK of only three people with a claim to US nationality. So presumably the US would understand if Britain were equally as protective of its own in preferring to try British defendants in the UK. Just  because an extradition request is made, doesn’t mean that the authorities have to agree to it.” In the seven years since the treaty came into force, the internet has hugely expanded – and with it hacking, piracy and other cyber-crimes. Scottish computer hacker Gary McKinnon, who suffers from Asperger’s syndrome, has  been fighting extradition to the US since 2003. He admits hacking in to US government computer systems to find information about UFOs, but wants a UK trial. If extradited, he could face a prison sentence of up to 70 years. According to one of the UK’s leading experts on extradition law, Julian Knowles QC, the Right-wing terr problem is that the extradition treaty does not contain a provision – known as “forum” – allowing courts to decide whether a case is best heard in the UK or abroad. And because the internet has made it much easier for crime to be committed across borders at a rapid pace the law has failed to adapt. “The law just doesn’t cater for this situation,” Knowles said. “The Americans will go after people who have committed crimes abroad with very little linkage to the US. And the English courts are powerless to say: ‘Well, actually, the crime has been committed here in the UK.’ It’s the absence of that power that I think is the problem. “What the McKinnon and O’Dwyer cases have indicated is that there can be real injustice in sending people back to the US to face very savage sentences – nothing like the sentence that BITN 887_04,05 (News):BITN 759_04,05 (News) 29/7/11 14:26 Page 4

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Page 1: BITN 887_04

 

More rightwing terrorist plotshave been prosecuted in theNorth East than in other areasof the UK, a spokeswoman forthe police’s North East regionalcounter-terrorism unit has toldThe Big Issue in the North.

Data released by the Leeds- based unit reveal that five menwith far-right links have beenconvicted on terror charges between 2007 and 2010 ininvestigations led by its officers.One, Martyn Gilleard, wassentenced to 16 years in prisonin 2008 after police foundexplosive devices andammunition at his home inGoole, together with a manifestodeclaring that the time hadcome to “blow up mosques.”Also that year, Nathan Worrellof Grimsby was sentenced to sixyears in prison after police

4 THE BIG ISSUE IN THE NORTH · 1-7 AUGUST 2011

LOCAL FEATURE

 

news

Not often do US officials payvisits to students in Sheffield.But after building a website thatallegedly shared links topirated TV shows and movies,23-year-old Richard O’Dwyer became a wanted man.

Accused of criminal copyrightinfringement, the SheffieldHallam Universityundergraduate finds himself atthe centre of an extraordinarystory. US authorities areattempting to extradite him sothat he can be tried andimprisoned in America.

The threat of extradition cameas a shock to the O’Dwyerfamily. Richard’s mother, Julia,has since been forced to takesick leave because of stress andnow spends her days trawlingthe internet to research the law.

Without evidence“The thought of having my onlyson taken thousands of milesaway to face an unknown legalsystem without being able tomonitor what is happening oradvocate for him fills me withterror,” she said recently.

Though O’Dwyer’s case isunusual, it is not isolated. Since

‘Disproportionate’ extradition of Shef 

2004, 28 British nationals have been extradited to the US, madepossible by a treaty signed in2003. Introduced to speed upthe extradition of terroristsuspects, the treaty wasnegotiated between the Blairand Bush administrations after9/11. It allows the US to requestextradition of UK citizenswithout evidence and on the basis of “reasonable suspicion”alone.

DisproportionateUsing the powers of the treaty togo after people for breachingcopyright and other crimes notassociated with terrorism, theO’Dwyer family believe, is anabuse of its purpose. Byallowing American authoritiesto seek extraditions on suchgrounds, they claim that the UKgovernment is failing to protectits citizens and that the treaty isimbalanced in America’s favour.

“If Richard has committed anycrime, it was committed on UKsoil, and we have sufficientcopyright legislation here so thathe can be prosecuted in the UK,”said a family spokesperson. “Toextradite a young man in the

middle of his studies is whollydisproportionate.“Since the Extradition Act cameinto force in 2004, the US hasagreed to the extradition to theUK of only three people with aclaim to US nationality. Sopresumably the US wouldunderstand if Britain wereequally as protective of its ownin preferring to try Britishdefendants in the UK. Just because an extradition request ismade, doesn’t mean that theauthorities have to agree to it.”

In the seven years since thetreaty came into force, theinternet has hugely expanded –and with it hacking, piracy andother cyber-crimes.

Scottish computer hackerGary McKinnon, who suffersfrom Asperger’s syndrome, has been fighting extradition to theUS since 2003. He admitshacking in to US governmentcomputer systems to findinformation about UFOs, butwants a UK trial. If extradited,he could face a prison sentenceof up to 70 years.

According to one of the UK’sleading experts on extraditionlaw, Julian Knowles QC, the

Right-wing terr

problem is that the extraditiontreaty does not contain aprovision – known as “forum” –allowing courts to decidewhether a case is best heard inthe UK or abroad. And becausethe internet has made it mucheasier for crime to be committedacross borders at a rapid pacethe law has failed to adapt.

“The law just doesn’t cater forthis situation,” Knowles said.“The Americans will go afterpeople who have committedcrimes abroad with very littlelinkage to the US. And theEnglish courts are powerless tosay: ‘Well, actually, the crimehas been committed here in theUK.’ It’s the absence of thatpower that I think is theproblem.

“What the McKinnon andO’Dwyer cases have indicated isthat there can be real injusticein sending people back to theUS to face very savage sentences– nothing like the sentence that

BITN 887_04,05 (News):BITN 759_04,05 (News) 29/7/11 14:26 Page 4

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