David Drumm could be back in Dublin within days

Former Anglo Irish Bank chief will return if he drops US fight against extradition

Former Anglo Irish Bank chief executive David Drumm could be back in Dublin within days if he drops his fight against extradition from the United States at a hearing in Boston today.

According to an informed source close to the case, a key factor will be the attitude taken by the US marshals who, “hurry if it suits them. They can be difficult.” Another involved source said the extradition could happen within a number of days.

The Sunday Business Post reported the former bank chief executive as having said he has instructed his lawyers to waive his right to challenge extradition.

The change in Mr Drumm’s attitude towards his extradition is expected to be outlined to a court in Boston at 7pm Irish time.

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Unshackled

In order for his extradition to go ahead, members of An Garda Síochána would have to travel to the US to take custody of him from the US authorities. This would probably happen at a US airport and, according to the source, Mr Drumm would probably be unshackled at that stage.

Once he arrived in this jurisdiction he would be taken straight to a Garda station and charged, before being brought before the District Court where he would be either be remanded on bail for a month, or in custody for two weeks.

If Mr Drumm is denied bail, the decision will most likely be challenged in the High Court.

The former Anglo boss has spent almost four months in prison, most of the time in the maximum-security Plymouth County Correctional Facility, south of Boston, awaiting his scheduled March 1st extradition hearing. He has twice been denied bail.

Even if he is returned to Ireland in the coming days, it is unlikely that any trial would begin for another year or more, given the complexity of the charges he is facing.

Irish courts set a high threshold for the denial of bail and in the normal course someone like Mr Drumm would likely be granted bail. However, according to one source involved, the circumstances of Mr Drumm’s case could well see the courts take a strong view.

Bail in Ireland

Quick action in relation to the extradition could see Mr Drumm’s arrival back in this jurisdiction well before the end of the general election campaign, a source noted.

In his interview with the Sunday Business Post, Mr Drumm said he had been seeking an agreement from the Director of Public Prosecutions that she would not oppose bail in return for his coming voluntarily to Ireland. He said he would need to work to support his family and so needed to be released on bail. However it was his understanding that the DPP would oppose bail. Nevertheless, he had decided, he said, to return to Ireland.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent