Court rejects AG's bid to bring new evidence in Daniel Meli extradition appeal

A court has denied the Attorney General’s request to submit fresh evidence in its appeal against a decision blocking the extradition of a suspected Maltese hacker wanted by US authorities.

The AG filed an appeal after earlier this month, the Court of Committal – the Court of Magistrates in extradition proceedings – rejected the request for Daniel Meli’s extradition and ruled that the prosecution did not substantiate its extradition request prima facie.

The 28-year-old from Żabbar is wanted in the United States over allegations linked to his activities on the dark web between December 2012 and June 2022. US authorities claim Meli was involved in the distribution of a Remote Access Trojan (RAT), a type of malware used to gain unauthorised access to computer systems. 

On December 12, 2023, the Federal Grand Jury of the US District Court for the Northern District of Georgia issued a bill of indictment against Meli. Malta’s Foreign Affairs Ministry received a note verbal from the US embassy following that decision on January 22, 2024, wherein it asked for his arrest and extradition.

Two weeks later, the AG informed the Police Commissioner about the order. Meli appeared in court on February 8, 2024 and consented to his extradition.

Meli then changed his lawyers, filed an appeal and instituted constitutional proceedings. The case started from scratch after Meli was handed a lifeline when a judge ruled that he could have a fresh court hearing thanks to legislation rushed through parliament in October 2024.

Earlier this month, the court said the prosecution had failed to meet the burden of proof required under Maltese law to authorise the extradition.

In its appeal, the AG challenged the decision on several grounds including a court’s decision to order that evidence including a USB stick brought forward by the prosecution is expunged from the proceedings since its contents were not confirmed on oath. The AG argued that the court of first instance was wrong in ruling that the documents in question do not enjoy the status of privileged documents.

Before the Court of Criminal Appeal, the Attorney General asked for an adjournment saying that there are new documents which are not yet in its possession that they want to present before the court.

These documents were being compiled by the US District Court for the Northern District of Georgia and the contents will be confirmed on oath before a judge. Once this process is done, the documents will be transmitted to the US Department of Justice and will be sent to Malta through the relevant diplomatic channels.

The defence countered saying that the AG failed to request for the decree barring it from presenting new evidence handed by the court of first instance is revoked when filing the appeal. It insisted that the documents which were declared inadmissible by the court of first instance cannot be declared admissible since the AG did not request the revocation of the decree in question.

It also objected to the AG presenting the Bill of Indictment issued by the US authorities since, according to Malta’s law of evidence, the Bill of Indictment does not constitute admissible evidence.

The defence reserved its position on the AG’s request to present a new affidavit in the proceedings if they are authorised by the court to do so.

After hearing the submissions, the Court of Criminal Appeal, observed that the AG was trying to bring forward evidence to close the gaps in the appealed sentence. It also said that it could not understand how the US authorities were still compiling evidence at this stage, when these proceedings kicked off in February 2024.

The court held that the documents already exhibited before the court of first instance cannot be presented again, saying that this would result in useless delays in the case.

It denied the AG’s request to bring forward new evidence.

The final submissions on the appeal will be made in July.

Mr Justice Giovanni Grixti is presiding over the Court of Criminal Appeal.

AG lawyers Daphne Baldacchino and Maria Zerafa Le Gros prosecuted.

Lawyers Arthur Azzopardi, Franco Debono and Lennox Vella assisted Meli.