Alleged hacker Daniel Meli will not be extradited to the US
An earlier denial for extradition had been appealed
Updated 11.04am
Suspected Maltese hacker Daniel Joe Meli will not be extradited to the USA, a court has ruled.
The case was decided afresh on Thursday morning by Magistrate Elaine Rizzo after the Court of Committal heard the final oral submissions on the case.
The court ruled that the evidence presented in the case did not satisfy the requirements for extradition. It held that the court was not satisfied that Meli should be held in custody and sent back to the US, dismissed the AG’s request to extradite Meli and released him from custody.
The 28-year-old from Żabbar is wanted in the US on charges related to the alleged sale of illegal malware on the dark web between 2012 and 2022. The malware, a remote access trojan (RAT), is used to gain access to computers and servers and control their operation.
Meli was first arrested in February last year in a joint operation between Malta’s police and Attorney General, and the US Federal Bureau of Investigation (FBI) and the US Justice Department.
He initially consented to extradition before changing his mind and fighting the request – a move he could make after parliament changed the law last year.
On May 12, the Maltese court dismissed the US extradition request. It ruled that the prosecution failed to meet the required burden of proof under Maltese law, noting a “fairly lax” approach to presenting evidence.
On July 30, the Court of Criminal Appeal sent the records of Daniel Joe Meli’s extradition proceedings back to the Court of Magistrates to decide the case afresh.
When the case was sent back before the Court of Committal, the Central Authority and the defence argued at which point the case should resume. The court ruled that it would only hear oral submissions and that no new evidence could be brought forward.
Magistrate Elaine Rizzo presided.
Lawyers Daphne Baldacchino, Sean Xerri De Caro, Maria Zerafa Le-Gros appeared for the AG as the Central Authority, assisted by Superintendent Mario Cuschieri.
Lawyers Franco Debono, Arthur Azzopardi, and Lennox Vella appeared for Meli.