THE mum of an autistic man wanted in the US for computer hacking, has spoken of her relief after a senior judge ruled the Home Secretary may have acted unlawfully by refusing to block her son’s extradition.

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Janis Sharp, from Brookmans Park, spoke out after a High Court hearing yesterday in which Mr Justice Mitting granted her son Gary McKinnon a judicial review of Alan Johnson’s decision.

She told the Welwyn Hatfield Times: “I can’t believe it and we’re over the moon.

“I couldn’t stop crying when I heard and Gary couldn’t believe it and said he’s still in shock.”

Janis, who has fought a seven year battle to keep her son in the UK, added: “I’ve always said that all we need is one good person to look at this case for what it is and to say “enough is enough,” it’s time to end this and to give Gary his life back again.

“Maybe Mr Justice Mitting is that man.”

Lawyers acting for Asperger’s sufferer Gary applied for a judicial review after Mr Johnson rejected an appeal to halt the extradition on medical grounds – despite claims that Gary would be “almost certain” to commit suicide should he be put on a plane to the US.

In granting a judicial review, Mr Justice Mitting raised this issue and said it was “arguable” as to whether the minister’s decision had breached Gary;s human rights.

A hearing will now take place before a High Court judge in London in either April or May.

A Home Office spokeswoman said: ““We note the court’s decision to grant permission to Mr McKinnon for a further judicial review.

“As the case is before the courts, we do not propose, pending the outcome, to comment further.”

Prosecutors in America allege the 43-year-old caused nearly £500,000 worth of damage to military computers in 2001 and 2002.

Gary, who lives in North London, admits hacking but maintains he was looking for evidence of alien life.