An alleged cyber-hacker has been told he is “not the victim in this” by a judge after she turned down his court bid to have his computers returned.
Computer scientist Lauri Love, who has Asperger’s, has been campaigning for the return of his three computers, two external storage devices and an SD card since the National Crime Agency (NCA) raided his family home in Stradishall, Suffolk, in October 2013.
During a fraught hearing at Westminster Magistrates’ Court, District Judge Margot Coleman ruled the items still contained information which did not belong to him, so could not be returned.
Love, 34, was also reprimanded by the judge after he turned his back and announced “I’ll be in the pub” when Andrew Bird, for the NCA, said there would be an application to recover costs from him.
There were mutters of discontent from his supporters in the public gallery throughout, although many were forced to wait outside despite the case being moved to a larger courtroom.
The judge also asked Love not to lodge another application for his property until the investigation into an allegation of criminal behaviour had concluded.
Speaking outside afterwards, Love said: “It seems that the sentiment of (the district judge) was that I should not continue to press this matter at the Court of Appeal.
“I will have to meditate upon that in my heart of hearts, I do not feel justice has been done.
“Sometimes when people are swayed by arguments and not facts, as appears to be the case today, there does need to be a higher court to fix that, but occasionally one might consider cutting their losses.”
Outlining her ruling, the judge accused Love of failing to co-operate with authorities and refusing to answer questions about the content of the computers at a previous hearing.
Love, representing himself in court and fiddling with a hat throughout, replied: “If people are dissuaded from seeking justice because the chances are not favourable, it would be a dire state of affairs.
“Occasionally the arguments persuade the court.”
The judge replied: “Mr Love, your arguments did not even get off the starting block. You were warned it was highly unlikely you would get your property back.
“Mr Love, you are not the victim in this. You brought this on yourself.”
Love’s supporters in the public gallery appeared particularly angry when the judge, after hearing the application to recover NCA costs, asked unemployed former student Love whether he had “tried to get a job”.
He said he received £120 a week in state benefits but was looking at cyber consultancy opportunities while doing “good deeds” and helping friends.
The judge said although she appreciated the burden on the taxpayer, she would not make an award for costs.
Concluding, she added: “I would strongly urge you not to repeat this application until you’ve been told definitely there will be no criminal prosecution.”
Love has not been charged with offences in this country and protests his innocence.
In September 2016 a district judge at Westminster Magistrates’ Court ruled that he could be extradited to the US where he is accused of stealing “massive quantities” of sensitive data resulting in millions of dollars of losses.
But High Court judges Lord Chief Justice Lord Burnett and Mr Justice Ouseley announced in February 2018 that “Mr Love’s extradition would be oppressive by reason of his physical and mental condition”.
Authorities in America have been fighting for Love to face trial on charges of cyber-hacking, which lawyers said could have meant a sentence of up to 99 years in prison if found guilty.