Ex-NatWest bankers get separate hearings

Three former NatWest bankers facing extradition to the United States over Enron-related fraud charges have been granted separate…

Three former NatWest bankers facing extradition to the United States over Enron-related fraud charges have been granted separate hearings for a judicial review and appeal of their extradition.

A High Court judge decided yesterday the judicial review of the case should be heard before the appeal, probably in the autumn.

British Home Secretary Charles Clarke in May upheld a ruling by a London court last year that the three could be extradited.

The three former bankers - David Bermingham, Giles Darby and Gary Mulgrew - have appealed against the extradition ruling and have also been granted a judicial review of a decision by the Serious Fraud Office (SFO) not to investigate or prosecute their case at home.

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Yesterday's High Court hearing considered whether the appeal and the review should be considered separately or together.

The three former NatWest bankers wanted the review and appeal to be heard separately, arguing that if a decision were made that the SFO should investigate their case here, then there would be no need for any extradition.

The three, who worked for NatWest Bank, now part of Royal Bank of Scotland, are alleged to have conspired with Enron executives, including former finance chief Andrew Fastow, over the sale of a stake in an Enron entity in 2000, which netted them $7.3 million.

The former bankers, who deny the fraud allegations, have insisted they should face trial in the UK. Their case falls under UK legislation in force since January 2004 that was designed to speed up the transfer of suspected terrorists to the United States.