The mother of one of the former NatWest bankers sent to the US to face fraud charges has hit out at the extradition treaty which allowed him to be sent.

Trish Godman, a member of the Scottish Parliament and mother of Gary Mulgrew, of Tichborne Street, Brighton, said the legal agreement between the US and Britain was, "a licence to breach the rights of British citizens".

Mr Mulgrew was extradited to the US last week with two other former NatWest bankers, David Bermingham and Giles Derby to face charges relating to the collapse of American energy giant Enron.

They were bailed by a court in Houston, Texas, yesterday, but will have to wait another week to find out if they can return to the UK.

If they have to remain in the US it may be up to two years before they come to trial. They would not be allowed to work and face financial ruin.

Mrs Godman said: "The treaty under which my son was extradited is one sided, unjust, ignores the principles of due process and is a licence to breach the rights of British citizens."

She said the allegations focus on a British bank, NatWest, and that the alleged offence took place within the UK.

"Should that be the case then they ought to face trial here and, if convicted, accept the consequences. Crimes allegedly committed in Britain by British citizens should be tried here."

It is alleged that in 2000 the three men advised NatWest to sell part of a company owned by collapsed US giant Enron for less than it was worth. They then left the bank and bought a stake in the company, which they sold on, allegedly making over £1m each.