The celebrity chef, Mr Conrad Gallagher, is believed to have made a late attempt to fight his extradition from the US to Ireland where he faces charges of theft and fraud.
Mr Gallagher was due to fly back to Ireland early today, accompanied by two gardaí. However, there was uncertainty last night over whether this legal move would delay his extradition.
A number of weekend media reports said he demanded a new court hearing after claiming he did not personally waive his rights to an extradition hearing.
This move means he would have to remain in his cell at the Metropolitan Detention Centre in Brooklyn until a new appeal is heard.
The Garda yesterday declined to comment on the reports, while the detention centre was unable to confirm whether Mr Gallagher was still being held.
The award-winning chef, who is charged with allegedly stealing three paintings from the Fitzwilliam Hotel in Dublin, has been detained in Brooklyn for the last month while awaiting extradition.
At a court hearing last month, he waived his right to contest the extradition at a hearing in Brooklyn Federal Court, two weeks after he was arrested outside his Manhattan restaurant, Traffic. He also asked US authorities to speed his extradition to Ireland because of his need for medical treatment, legal sources said at the time.
Mr Gallagher, however, is now said to be unhappy with the legal advice he received and has sought another legal-aid lawyer, according to weekend media reports.
Mr Gallagher fled to the US before he was due to go on trial at Dublin Circuit Criminal Court on charges of stealing three abstract paintings from the Peacock Alley restaurant in the Fitzwilliam Hotel in December 2000.
Formerly of Killiney, Co Dublin, Mr Gallagher is alleged to have fraudulently passed on the paintings to a Dublin art dealer.
