The forum bar would, in theory, allow the UK courts to order that British residents face trial at home rather than in the US. Mr McKinnon’s supporters said it would have been absurd to send him to the US when his alleged crimes were committed while he was sitting at his computer in north London.
理论上,“审前会商机制将使得英国法院能够决定英国居民是在国内、还是在美国受审。麦金农的支持者表示,麦金农在所谓的犯罪过程中,一直坐在北伦敦自己的电脑前,如果把他送到美国受审,那就太荒谬了。
However, the courts said that, even if it had been up to them, they would have preferred his trial to take place in the US.
然而,英国一些法院表示,即便由它们来决定,它们也倾向于让麦金农去美国接受审判。
In a 2010 hearing, Lord Justice Stanley Burnton said Mr McKinnon’s “offending conduct?.?.?.?was directed at the USA, and at computers in the USA; the information he accessed sor could have accessed was US information; its confidentiality and sensitivity were American; and any damage that was inflicted was in the USA. The witnesses who can address the damage done by his offences are in America.
在2010年的庭讯中,大法官斯坦利·伯恩顿(Lord Justice Stanley Burnton)表示,麦金农的“冒犯行为……针对的是美国,以及美国的一些电脑;他获取到的或原本可能获取到的信息也属于美国;那些信息的机密性和敏感性是对美国而言的;该行为造成的任何损失落在美国身上。能够指出其冒犯行为所造成损失的证人都在美国。
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