The Spectator

Stand up to America

The case of the Bermingham Three says much about the state of the ‘special relationship’ between Britain and America

issue 19 February 2005

The war on terror will be concluded, George W. Bush has suggested, when citizens of the free world no longer live in fear. Everyone, that is, except Britons accused of crimes in America. Last week, three former investment bankers with the NatWest, David Bermingham, Gary Mulgrew and Giles Darby, took the extraordinary step, via a judicial review in the High Court, of asking the Serious Fraud Office (SFO) to investigate them. They did this because an investigation by the SFO presents the only means by which they can defend themselves before being extradited to the United States on charges of defrauding their former employer of $7 million. Never mind that the alleged offences were committed on British soil against a British bank, the British legal system has entirely washed its hands of their case. A district judge at Bow Street Magistrates’ Court has simply ruled that under the 2003 Extradition Act the men should be sent to be tried in Texas, without any evidence of their guilt being offered by the Americans.

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