Thursday 27 October 2016

Former banker David Drumm to lodge second appeal against bail refusal

Shane Phelan Public Affairs Editor

Published 20/01/2016 | 23:24

Banker David Drumm. Photo: Bizuayehu Tesfaye/Irish Independent
Banker David Drumm. Photo: Bizuayehu Tesfaye/Irish Independent

Former banker David Drumm has indicated he will lodge a second appeal against a US court's decision not to free him on bail pending the outcome of his extradition proceedings.

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Lawyers for the former Anglo Irish Bank chief executive filed a notice of appeal tonight.

The filing was made "under seal", which means it's contents or any grounds for appeal contained in it cannot be publicly disclosed.

Mr Drumm (49) has failed in two previous efforts to be released.

The Dubliner has been in custody since his arrest at his €1.75m home near Boston on October 10.

Most of his time in custody has been spent at a maximum security facility in Plymouth, south of Boston.

His lawyers have claimed the conditions he is being held in are “intolerable and inhumane” and have impacted on his ability to confer with his legal team.

It has also been claimed he has been subjected to“safety risks".

Last week Boston District Court Judge Richard Stearns affirmed an earlier court decision to deny Mr Drumm bail ahead of an extradition hearing on March 1.

He is facing 33 charges, including ones for fraud and false accounting, if returned to Ireland.

However, the judge did request that Mr Drumm's conditions in prison be re-examine by a magistrate judge.

Texas law professor Douglas McNabb, an expert on extradition matters, told the Irish Independent, any further bail appeal would have to be taken to the US Court of Appeals.

"And if he loses there, then he will file a writ of certiorari asking the US Supreme Court to consider the case," he said.

This would mean lower courts would have to forward their documentation to the Supreme Court for consideration.

"He has an absolute right to appeal to the Court of Appeals," said Mr McNabb.

"Going to the US Supreme Court is another matter. The writ of certiorari is a request of the US Supreme Court to consider the matter. Sometimes they do, but most of the writs are denied and the appeal not considered.

"For all practical purposes, if he loses before the Court of Appeals, the ball game is over concerning bail."

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