BITN 920_04,05 (News)

23/3/12

13:10 Page 5

N E W S

Sheffield student appeals against extradition to US over copyright

A Sheffield student facing extradition to America over alleged copyright infringement is preparing for a lengthy court battle. Solicitors acting on behalf of Richard O'Dwyer, 23, have lodged an appeal after home secretary Theresa May controversially approved a U S extradition request earlier this month. O'Dwyer, who studies computer science at Sheffield Hallam University, is accused by American authorities of earning advertising revenue of around 15,000 per month while hosting a website that linked to pirated films and television programmes. Richard's mother, told The Big Issue in the North. "Even if Richard was prosecuted i n this country and found guilty he wouldn't be going to jail - he's not got a criminal record. He'd get probation and a fine at the most. So it just seems to be disproportionate." As The Big Issue in The North reported last August (issue 887), parliament's Joint Committee on Human Rights has called for the government to renegotiate the treaty to ensure British citizens get the same protection as Americans.

Justice

If found guilty i n the U S , he could face up to ten years i n prison. But under U K law the maximum sentence for the same offence - under the Copyright, Designs and Patents A c t - is just two years. The student's family have attacked the government over its decision to order the extradition, accusing it of failing to protect British citizens. "We're not even fighting the crime here - if there is a crime we're fighting extradition law and we're fighting our own government," Julia O'Dwyer,

Failing to protect

e- -e

The home secretary's decision follows a Magistrates' Court ruling i n January that rejected O'Dwyer's arguments against extradition, including claims he would not get a fair trial i n America and that if a crime was committed he should be prosecuted i n Britain. But public concern, partly sparked by the separate U S extradition of retired Kent businessmen Christopher Tappin on 24 February, has resulted i n mounting pressure on politicians to reform the 2003 U K - U S extradition treaty. Campaigners argue it is imbalanced i n America's favour, pointing out that the US requires "sufficient evidence to establish probable cause" before agreeing to extradite anyone to the U K , while Britons are denied the same protection. Melanie Riley, co-ordinator at support network Friends Extradited, said: "In Richard's

Mounting pressure

O'Dwyer faces 10 years in prison case, as i n many others, there is a strong sense of US prosecutorial over-reach, and a failure by U K officials to take responsibility for what is obviously and glaringly a U K matter.

The committee recommended the introduction of a "forum" amendment, w h i c h would allow British judges to determine i n each case whether it would be in the interests of justice for the trial to take place overseas. The forum amendment is also backed by business secretary Vince Cable, who has given assurances that the coalition is working behind the scenes to

"The U K government has to act, and act soon, to stop the flood of bad cases such as these, where people's lives are ruined for no obvious societal good. "We need our politicians to have the moral courage to do what is necessary and protect their own citizens." Led by the former Court of Appeal judge Sir Scott Baker, an independent review of the extradition treaty last year found that it "does not operate in an unbalanced manner". But the review was branded a "whitewash" by campaigners, with human rights group Liberty left "completely baffled" by it. "Britain's rotten extradition system stinks of human rights abuse and rank hypocrisy," said Shami Chakrabarti, director of Liberty. "It's time we stopped parcelling people off around the world like excess baggage and remembered the duty of all governments to protect their people and treat them fairly."

'Whitewash'

Treaty is "lopsided and wrong".

Cable

reform the treaty, w h i c h he has described as "lopsided" and "wrong i n principle". O'Dwyer's family expect that the appeals process w i l l last "several months". The student is currently on a university work placement and w i l l continue with his studies pending the outcome. A Home Office spokesperson said: "The home secretary, having carefully considered all relevant matters, signed an order for Richard O'Dwyer's extradition to the U S . "The district judge found the allegations were comparable to an offence under U K law and it was appropriate for any trial to be held i n the U S . "
RYAN GALLAGHER

GOT A STORY? CONTACT 0161 831 5563 OR EMAIL NEWS@BIGISSUENORTH.CO.UK

26 MAR - 1 APR 2012 THE BIG ISSUE IN THE NORTH