Lawyers assisting Daniel Joe Meli filed a fresh request for bail on Monday as prosecutors declared that they had no further evidence to produce in relation to the extradition request from the United States.
The 28-year-old is wanted to face criminal prosecution in the United States for allegedly selling malware on the dark web. He has been at the centre of a court saga which started in February.
Meli initially consented to the extradition subject to the rule of speciality which meant that he could only face prosecution for those offences listed in the US authorities’ request.
But soon afterwards, assisted by new lawyers, he filed proceedings before the constitutional court claiming that the first court should have assured itself that he was in a sufficiently sound state of mind when giving his consent.
He had a long history of psychological and medical problems coupled with drug dependence. Medical professionals, when summoned to testify in the constitutional case, described Meli as “very bright” but suffering from “great social anxiety” and “very low self-esteem”.
The claims were rejected by the First Hall, Civil Court in its constitutional jurisdiction. Meli filed an appeal to the Constitutional Court.
The government, meanwhile, introduced new procedural safeguards to ensure that a wanted person is allowed “adequate time” to reflect before granting consent to extradition.
Meli's lawyers immediately filed an application before the Criminal Court of Appeal which quashed the court’s previous decision and ordered Meli’s case to be heard afresh before the Magistrates’ Court.
During a hearing last week, the prosecution hinted that they were to summon an FBI representative to testify. But when the case resumed on Monday, the prosecution said that most of the evidence was already in the records of the case. They had no further evidence to produce except for any clarification that the defence could possibly request.
Meli’s lawyers then filed a bail application which is expected to be considered on Wednesday.
Inspectors Mario Cuschieri and Robinson Mifsud prosecuted.
Lawyers Arthur Azzopardi and Franco Debono are defence counsel.