A Maltese businessman who is challenging proceedings for his extradition to Sweden in relation to a Europe-wide investigation into a €195 million VAT fraud case, has been granted bail for a second time.

Mohan Bharwani, 57, from Sliema was targeted by a European Arrest Warrant issued by the Swedish authorities and was charged in February.

He did not consent to extradition and was remanded in custody. A week later, he was granted bail by a court that imposed stringent conditions, including third-party surety by Bharwani’s wife and three children.

The case stemmed from an alleged fraudulent racket spanning 17 countries.

Bharwani is one of some 15 suspects whom Europol believe to have orchestrated the racket and their arrests followed over 180 searches conducted simultaneously in different countries, including Malta, by the European Public Prosecutor’s Office.

Bharwani’s bail was revoked when the court ordered his return to Sweden, upholding the request for extradition.

That order was confirmed by the Court of Criminal Appeal on April 16.

He was remanded in custody pending his surrender after the prescribed time limit in terms of law.

Pending that term, Bharwani’s lawyers filed constitutional proceedings claiming that his right to a fair trial was breached throughout the extradition hearing because he was never given access to the devices and data seized by investigators during the search.

Notwithstanding an order by the court to make that information available to the suspect, Bharwani was never granted access and was thus unable to defend himself.

Thus the order to extradite Bharwani was null, argued his lawyers.

While his breach of rights case continues, Bharwani’s lawyers filed a fresh application for bail arguing that the 60-day legal timeframe for wrapping up extradition proceedings had lapsed on April 23. Yet, Bharwani was still being detained at the Corradino Correctional Facility while challenging his extradition to Sweden before the constitutional courts.

Citing similar circumstances in the cases of John Spiteri, Paul Attard and Emmanuel Spiteri, defence lawyers Stefano Filletti, Giannella DeMarco and Maurice Meli pointed out that the courts had granted bail in those cases after the extradition request was upheld.

Moreover, there were no legal grounds for denying bail.

After hearing submissions by the defence and the Attorney General the Court of Criminal Appeal, presided over by Madam Justice Consuelo Scerri Herrera, upheld the request for bail.

Bharwani could be granted bail pending conclusion of his constitutional proceedings which are to determine the “final decision to surrender,” decreed the judge.

The prosecution objected mainly because of the risk that Bharwani might abscond.

However the court observed that the wanted person was a Maltese national, with strong ties on the island. All his family and work roots were based in Malta.

Moreover his wife and three children had stepped in as third party guarantors.

The fear of absconding should not be an abstract one based merely on the gravity of the alleged offence but was to be assessed in light of other factors which presented a real risk.

If necessary safeguards existed to ensure that the wanted person would attend all court hearings, there was no reason to deny him bail.

Bharwani had abided by all conditions when previously granted bail.

And those conditions, including the third party guarantee by his family and twice daily signing of the bail book, were satisfactory.

The court thus upheld Bharwani’s request under the same bail conditions previously imposed by the Magistrates’ Court presiding over the EAW proceedings.

Lawyers Stefano Filletti, Giannella DeMarco and Maurice Meli are assisting Bharwani.