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June 28, 2006 Bankers could face a year in Houston jail before any trial BY Liz Chong THE NatWest Three will be taken into the custody of US marshals and the FBI in Britain by July 17, just 28 days after the House of Lords refused to hear their petition. According to Douglas McNabb, an American lawyer specialising in extradition, they will then be handcuffed and chained to each other at the waist and ankles. The men will then board an aircraft specially designed for the transport of prisoners and will be flown either to New York or to Houston, Texas, depending on the availability of landing slots. American law stipulates that the men must be taken before a federal judge for a bail hearing on the next business day after their arrival. They are unlikely to be given bail, as the judge will treat them as fugitives because they contested the extradition, according to Mr McNabb, who testified about the US legal process during the extradition hearings for the three bankers. "The only reason that they will be in the US is because they were brought kicking and screaming over the Atlantic," Mr McNabb said. If the men arrive in New York, they will be sent a week later to a holding station in Oklahoma City. They may then wait a month before the marshals find an aircraft to transport them to Houston. In the meantime, they will not be allowed any visits from friends or family and will have difficulties placing international collect calls back to Britain. In Houston, the men will be held at the city's federal prison. Other inmates at the downtown facility include Lea Fastow, the wife of Andrew Fastow. Mr Fastow, Enron's former chief financial officer, is alleged to have worked closely with the men to defraud the now-collapsed energy giant. The men will be exempt from US laws requiring defendants to face trial within 70 days of their first appearance in court, as prosecutors will argue that they face a complex case. Mr McNabb said that the trial will be unusual as more than two dozen witnesses must fly into Houston from abroad, while many of the documents in the case are in Britain. Delays could mean that the three men will be held at the prison for more than a year before their trial begins. They will find themselves each sharing cells with two other prisoners, with no television or internet access. They will spend almost every hour of the day locked up in their cell. If the men are convicted, they will face up to 23 years in a low or medium-security prison. David Bermingham The bespectacled father of three acted as the spokesman for the group. He lives in Oxfordshire, with his wife and children. Mr Bermingham, 43, told The Times yesterday: "We are obviously disappointed. We are all now resigned to the fact that we have exhausted our remedies. The only thing that will come out of this is that we will get the chance to prove our case. "It's a quagmire entirely of our own Government's making. I blame everything that's happened over the past two years on our own Government." Mr Bermingham has cited his case as a warning to British businessmen to avoid any involvement with the US. Gary Mulgrew Divorced with two children and living in Brighton, Mr Mulgrew is the son of Trish Godman, the Labour MSP for West Renfrewshire, who has publicly pledged her support for him. Mr Mulgrew has revealed that he is still a NatWest customer, despite the time he spent fighting fraud allegations involving the bank. He said: "I worked with them for 19 years, and would never rob them. I still bank with them. If they hadn't been so supportive over the last few years, life would be even worse." Mr Mulgrew added: "I've already seen my life here disintegrate." Giles Darby The 44-year-old was previously managing director of the energy industry division at Greenwich NatWest. Married with five daughters, he lives in Wiltshire. Of the three men, he has been the most reluctant to speak to the media. Shortly after the US authorities initiated extradition proceedings, Mr Darby said: "It beggars belief that we should be hauled across to Texas for a trial when it plainly should be here, if at all." Together with his colleagues, Mr Darby has often highlighted their visit to the Financial Services Authority to report their controversial deal with Andrew Fastow, Enron's finance chief. | |