Former NatWest bankers fear 'unfair trial' if extradited to US

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The Independent
By James Daley in London and Katherine Griffiths in New York
29 September 2004


Three former NatWest bankers who are fighting extradition to the US over their alleged involvement in a £4m fraud linked to the collapse of Enron, would not get a fair hearing in Texas, and could suffer a breach of their human rights if deported, a London court heard yesterday.

Speaking on the first day of a three-day hearing to determine whether the men should be extradited, Alun Jones QC, representing the trio, said his clients were almost certain to be placed on remand without bail for as long as 18 months before they would even stand trial. He said that due to their decision to appeal against their extradition from the UK, they would also be automatically classified as "fugitives", and would face an extra four years on their sentence if convicted.

Once a trial got under way, he added, it would be impossible for the group to receive a fair hearing given the level of publicity that has surrounded their case, which was first brought to light more than two years ago. Citing a recent survey, Mr Jones said 81 per cent of the Texan population who qualify to sit on a jury believe that anyone facing charges relating to Enron is guilty.

The defendants - Gary Mulgrew, David Bermingham, and Giles Darby, all 42 years old - have been charged by the US Department of Justice (DoJ) with wire fraud for their alleged involvement in a plot to siphon off some $7.3m (£4m) from an Enron subsidiary, in conjunction with the energy giant's former finance director, Andrew Fastow.
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