Irish Joseph Anthony O’Connor, 58, is contesting an extradition order by the US authorities within the southern district of California.

He is being accused of discharging contaminates in San Diego Bay between January and April 2006. An indictment by the Grand Jury and a warrant of arrest by the US Department of Justice were issued against him in August 2007.

His defence team, led by lawyer Joe Giglio, argued that Mr O’Connor lived in Malta where he had a tug boat business employing 30 people.

In asking for bail, Dr Giglio said “he is not just going to throw away everything by breaching bail conditions”.

He said that just because he was wanted by the US authorities, Mr O’Connor was not going to pack up his bags and leave especially since he had 30 employees depending on him.

Elaine Rizzo, from the Attorney General’s office, asked the court to deny bail because of the nature of the charges and because he faced 33 years in prison if found guilty. She said he already absconded from the US and did not have a family here.

But Dr Giglio said Mr O’Connor left the US through the normal channels and not because he absconded.