US court reaffirms the extradition order on financier Finbarr Ross

A court in the United States has refused a writ of habeas corpus to the Cork-born financier, Mr Finbarr Ross. The decision is likely to be appealed. A judge in the District Court in Muskogee, Oklahoma, Judge Michael Burrage, rejected an argument from lawyers for Mr Ross that he should not be extradited to Northern Ireland to face 41 fraud charges relating to the collapse of his company, International Investment Ltd (IIL), in 1984.

The lawyers argued that a five-year statute of limitations applies to such cases in the US, and should therefore apply to the extradition request.

An exception to this rule applies if the person concerned was a fugitive "fleeing from justice". In April a different judge in the Muskogee court found that Mr Ross had been a fugitive fleeing from justice when he came to the US around the time of the IIL collapse, and therefore should be extradited. Judge Burrage upheld this view.

Mr Ross "contends that he is not a fugitive fleeing from justice because over the 14 years between the time he left the United Kingdom and the arrest warrants were issued by Northern Ireland, his whereabouts were open and obvious," Judge Burrage said in his finding.

"Additionally, during this period of time, he openly visited the United Kingdom obviously without fear of retribution. "However, the investigative records makes it abundantly clear that at the time he was meeting with investors, assuring them of the financial stability of his company, IIL, and encouraging them to invest more money into the venture, he knew that IIL was insolvent and that the assurances he was providing were misrepresentations and deceptive," the findings said.

The evidence supports the finding in April "that the petitioner knew he was likely to be charged with a crime when he left the United Kingdom and took up permanent residence in the United States." The fact that he had lived openly in the US, and visited the UK, did not `'extinguish" his status as a fugitive fleeing from justice, the judge said.

The decision of the District Court is now likely to be appealed to the Circuit Court of Appeal in Denver, Colorado, though a lawyer for Mr Ross, Mr Mark Green, said the decision had not been taken as yet. It was likely the process would take "a matter of months" if it went ahead. Judge Burrage refused an application for bail from Mr Ross in May.

A supporter of Mr Ross, Ms Julie Tierney, who lives in Muskogee, said the legal costs to date for Mr Ross were $30,000 and had been paid from funds raised by her and other friends of Mr Ross. An appeal was likely to cost a further $20,000.

"I've been selling just about everything he has. By the time he gets out he will have absolutely nothing," Ms Tierney said.

Ms Tierney, an acquaintance of Mr Ross since he became involved in the Light of Christ Community Church, in Oklahoma, said he has a lot of good friends across the US. "Everybody loves him; he's a wonderful man."