An Irish man who has been wanted by UK authorities for more than four decades in connection with the alleged assault of a police officer during a street brawl in his youth, has been released on a bail bond of 1m US pending an extradition hearing.
According to the New York Post newspaper, Rory McGrath (62), was arrested at his home in Pearl River, New York State on May 11 and appeared before a US federal court judge on Friday.
Quoting “newly unsealed court papers and transcripts” the tabloid said that Mr McGrath was released on a personal recognizance bond of $1M US (approximately 820,000) and he will face an extradition hearing with UK authorities in mid-June. He faces up to five years in prison if convicted.
His arrest comes after UK authorities reportedly spent years trying to track him down and have him extradited to the UK to face charges in connection with the assault of a British police officer during a street brawl in Leeds on March 28, 1980 when Mr McGrath was living in the UK while in his early 20s.
According to the newspaper “the melee kicked off when one of McGraths friends, Leslie Swithenbank, allegedly punched another youth near a pub in the Garforth section of the city after two groups of young men got into an argument, prosecutors said.”
Prosecutors allege that a local policeman tried to break up the brawl and ended up sitting on Mr Swithenbank in an attempt to detain him.
“A group of his friends including McGrath, who later told police he had just been released from jail earlier that day then attacked the cop, hurling him to the ground and kicking him, prosecutors allege,”.
Meanwhile, the policeman, who has since retired from his post as a sergeant with the West Yorkshire Police department, needed surgery to repair the injury to his nose.
The court documents allege that Mr McGrath left the UK after the alleged incident and moved to New York state where he has lived ever since.
But in 2018, UK authorities filed an extradition request to the US State Department, asking for Mr McGrath to be transferred to their custody.
Mr McGrath, who holds both US and Irish citizenship, told the judge at his hearing last week that he was shocked by his arrest, according to a transcript of the proceeding obtained by The Post.
Magistrate Judge Paul Davis said he was at first inclined to order McGrath locked up until his extradition hearing, but agreed to release him on bail after his lawyer highlighted various health issues which he said were caused by volunteering at Ground Zero after the 9/11 terrorist attack on New York City, the newspaper reported.
Judge Davis said it was clear that Mr McGrath did not view himself as a fugitive noting he once even flew back to the UK to attend a wedding.
The judge then warned him not to skip bail, stating: Really, really bad things will happen to you and your family if you violate the terms of this bond.
A woman who answered the door at Mr McGraths home on Tuesday morning told the Post that he couldnt speak about the case, but said its very upsetting for the family.
Spokespeople for the UK Home Office and the West Yorkshire Police would not comment on why theyve sought McGraths extradition for an assault that occurred more than 40 years ago.
But the move is definitely out of the ordinary,Heather Cucolo, a professor at New York Law School, told the Post.
More significant might be hinged on the aftermath of Brexit. At least 10 EU countries have refused to extradite their nationals to face prosecution directly related to Brexit, citing constitutional barriers, she wrote in an email.
In particular citing the crime as political is one of the barriers to extradition. Therefore, British officials may be turning their attention more rigorously to other countries such as the US to effectuate prosecutions.
In a statement, the West Yorkshire Police said only that it is liaising with the Home Office and the Crown Prosecution Service in relation to a man arrested in the US following an extradition request linked to an assault on a police officer in Leeds in 1980.
A lawyer for Mr McGrath declined to comment to the newspaper.