A USB stick showing the malicious software Daniel Joe Meli allegedly sold on the dark web has been presented as evidence to court in the extradition proceedings against him.
The prosecution presented the new evidence in the case on Monday as Meli fights against being extraditied to the US for his alleged illegal dealings on the dark web between December 2012 and June 2022.
Magistrate Leonard Caruana was expected to give a final decision on whether Meli should be extradited but the prosecution asked the court to schedule a hearing to present new evidence against the 28-year-old.
The court granted the request on Monday morning.
Testifying in court, witness Maria Baldacchino Bonnici, on behalf of the Foreign Affairs Ministry presented a confidential file with the original copies of requests by the FBI asking for his extradition.
The first request was sent on 7 March. On 10 March, another request was sent, with the FBI insisting that Meli be sent to the US to stand trial.
At first, Bonnici said the documents were for the court only but Magistrate Caruana argued that all documents must be left with the court and a copy be given to the defence.
Bonnici argued that the Permanent Secretary told her the documents should only be passed to the court. The court disagreed, and the case was suspended for the witness to contact the Permanent Secretary, who told her to proceed and give the documents to the court and a copy to the defence
Lawyer Daphne Baldacchino, on behalf of the Attorney General also presented several documents, including the USB, which the Attorney General received from the FBI.
She said the USB contained the malware Meli was using and information which could help the prosecution fully understand what Meli was doing. She said the USB can only be opened if the Court appointed an expert to do so.
On his end, defence lawyer Arthur Azzopardi said the latest documents can only be introduced into the proceedings after being granted permission from Magistrate Lara Lanfranco and Magistrate Donatella Frendo Dimech.
He said the two Magistrates had already ordered that any evidence collected by them would not be used as evidence in the proceedings before Magistrate Caruana.
Azzopardi said court experts Martin Bajada and Keith Cutajar, were stopped from testifying in the proceedings, following the same orders by the two magistrates.
He requested the rejection of the new evidence at this late stage in the case.
The prosecution asked the magistrate to appoint an expert to open the USB, and the defence opposed the request. The defence argued that accepting the request would prolong the extradition procedures for Meli.
Magistrate Caruana will give a decision on the new evidence in the coming days.
Previously, Meli had originally agreed to be extradited to the US but later retracted his consent. His lawyers argued that the magistrates’ court had not verified whether he was medically fit and capable of understanding his decision.
An appeal against Meli's extradition was dismissed but the law was later changed, allowing a wanted person “adequate time” to decide on extradition requests. The case then went back before the courts.
Superintendent Mario Cushieri and Inspector Robinson Mifsud, and AG lawyers Daphne Baldacchino and Sean Scerri De Caro are leading the prosecution.Lawyers Franco Debono and Arthur Azzopardi are representing Meli.