A magistrates’ court has ordered the extradition of a man who is wanted for prosecution over an alleged €780,000 robbery and double murder on a Greek island in 2015.
The decision was delivered early on Friday by Magistrate Donatella Frendo Dimech who, earlier in the week, lauded the man’s legal team for its “groundbreaking” arguments in disputing a fingerprints’ expert conclusions.
However, in spite of the “impeccable piece of work” presented by the lawyers, the court made it clear that it was not competent to delve into the issues flagged, since it was to abide by the technical provisions and strict time-limits that characterised extradition proceedings.
On Tuesday, the case was adjourned for a decision.
When delivering its pronouncement, the court observed that Ledjon Brakaj was wanted for wilful homicide, theft aggravated by violence and arson involving danger of loss of life.
Those were extraditable offences, punishable with life imprisonment under Greek law and also punishable under Maltese law.
Moreover, there were no bars to extradition, as the defence itself stated during a previous sitting.
In light of such considerations, the court upheld the request subject to the “law of speciality”, which meant that the requested person could only be extradited in relation to those offences specifically laid out in the European Arrest Warrant that triggered these proceedings.
The court ordered that Brakaj was to be kept in custody and could not be sent back before the lapse of the seven-day period in terms of law, within which he could file an appeal and institute proceedings if he deemed his fundamental rights to have been breached.
The case is expected to proceed to appeal stage.
Inspector Kurt Ryan Farrugia prosecuted. Lawyers Franco Debono, Marion Camilleri and Francesca Zarb are defence counsel.