A young man who was on the verge of being extradited to the United States to face charges of selling illegal malware on the dark web was handed a lifeline on Tuesday when a judge ruled that he can have a fresh court hearing thanks to legislation rushed through parliament last month. 

Daniel Joe Meli, a 27-year-old check-in agent is being sought by the US authorities for his alleged illegal dealings on the dark web between December 2012 and June 2022. 

When first arraigned, he consented to extradition. But subsequently, assisted by new lawyers, he appealed, arguing that the first court should have assured itself that he was in a sufficiently sound state of mind when consenting to extradition.

That appeal was dismissed and Meli then filed constitutional proceedings. His lawyers summoned a long line of medical professionals who described Meli as “very bright” but suffering from “great social anxiety” and “very low self esteem.” His psychological problems became worse when he was diagnosed with rheumatoid arthritis.  They argued that his right to a fair hearing was breached because the court of appeal did not assess fresh evidence which would have shed light on his mental state when consenting to the extradition.

Meli lost the constitutional case in July and was held in custody pending his extradition.

But in August the government announced it was drafting legislation that would allow him to contest his extradition once more.  

The law came before parliament as soon as MPs returned from the summer break, and passed through all stages unopposed, with the Opposition having backed it.

The law introduced procedural safeguards allowing a wanted person “adequate time” to reflect before deciding whether to accept being extradited to face trial in a foreign country. 

It also provided that any person awaiting extradition from Malta at the time of the coming into force of the law after having declared that he was willing to be extradited may file an application before the Court of Criminal Appeal to request recommittal to the court to declare once more whether he was still willing to be extradited.

Meli's lawyers immediately filed an application in terms of the newly amended law and Mr Justice Camilleri on Tuesday quashed the courts's previous extradition decision and ordered a rehearing.

Lawyers Franco Debono and Arthur Azzopardi represented Meli.