Mckinnon's mother Janis Sharp
Gary McKinnon's mother Janis Sharp

The controversial extradition treaty which almost saw Gary McKinnon extradited to the US is in tatters, according to the MP who fought against the hacker facing overseas justice.

David Burrowes called for reform of the treaty after Home Secretary Theresa May said that if it was applied to McKinnon, he would be likely to take his own life.

Burrowes, McKinnon's local MP, was part of a campaign against moves by the US to force him to face trial in America for hacking into military websites more than 10 years ago.

McKinnon, who is autistic and suffers from depression, admitted to hacking but denied malicious intent. He claims he was looking for evidence of UFOs.

"This decision leaves the treaty in need of reform and it was not surprising that a statement was made on doing this," said Burrowes.

"We need to make sure that never again does a UK citizen have to be put in this position."

The ruling was hailed as a victory for the European Human Rights Act. May cited human rights in her rejection of the extradition application.

But recourse to the Human Rights Act may not be necessary, hinted Burrowes. A UK bill might incorporate the ethos of human rights embodied by the European Charter.

"Fundamental human rights of the kind which any person is entitled to will be instrumental in any future legislation which comes forward. This has been a victory for upholding such rights."

The extradition treaty was signed into law by Labour's then-home secretary David Blunkett in 2003 after 9/11. Critics say it is heavily weighted in favour of extraditions from the UK to the US - not the other way around.

Last month, suspected terrorists including Abu Hamza were successfully extradited from the UK under the treaty to face trial in the US.

Burrowes said he did not oppose McKinnon facing trial in the UK but only if it could be shown to be in the public interest.