Tuesday 24 January 2017

Drumm in fresh bid for freedom

Ronald Quinlan and Allison Bray

Published 27/12/2015 | 02:30

IN CUSTODY: David Drumm’s legal team seek his release. Photo: Bizuayehu Tesfaye
IN CUSTODY: David Drumm’s legal team seek his release. Photo: Bizuayehu Tesfaye

Former Anglo chief tells US court he is being 'unlawfully detained'

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Former Anglo Irish Bank CEO David Drumm has upped the ante yet again in a bid to prevent his extradition here from the United States to face 33 criminal charges relating to transactions which took place at the bank in the lead up to the 2008 financial crisis.

Lawyers for Mr Drumm filed a petition for habeas corpus with Massachusetts District Court on Christmas Eve, claiming the former banker is being unlawfully detained.

Such petitions are typically employed in the United States as a post-conviction remedy for prisoners challenging the legality of the application of federal laws used in the proceedings which resulted in their detention. They are also used to decide preliminary matters in criminal cases including determining the adequacy of the basis of a person's detention, the denial of bail or parole and the legality of extradition to a foreign country.

While all three grounds could be deemed relevant to Mr Drumm's case, his lawyers' petition is grounded on the claim that he is being unlawfully detained.

Both the US Government and US attorney general Loretta Lynch are named as defendants in the former Anglo chief's latest action. Also included as defendants are Sheriff Joseph McDonald of Plymouth County, the location of the detention facility where Mr Drumm is currently being held and the US Marshal for the District of Massachusetts, John Gibbons. Mr Drumm was arrested by Mr Gibbons' team of marshals on October 10 on foot of an extradition warrant from Irish authorities.

Since then, the former banker has been incarcerated at two detention facilities - the Donald W Wyatt Detention Facility in Rhode Island and more recently, the Plymouth County Correctional Facility just outside Boston.

Having failed in his application for bail in November, Mr Drumm remains in custody in Plymouth. A full extradition hearing is due to take place in March 2016.

Mr Drumm's Christmas Day, along with the rest of the inmates, began at 6am with a breakfast of toast, cereal, fruit and tea or coffee. The former banker would then have spent the morning in his cell or at his prison job before breaking for a lunch of spaghetti, bread and milk after attending roll call along with approximately 1,600 other inmates - whose infamous alumni include notorious Irish-American mobster James Joseph 'Whitey' Bulger, unrepentant serial killer Gary Lee Sampson and terrorist "shoe bomber" Richard Reid.

Unlike more liberal prisons, Plymouth doesn't host any Christmas celebrations.

Sunday Independent

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