Extradition proceedings against a young man wanted in the United States to face charges of selling illegal malware on the dark web started again on Tuesday afternoon.
Daniel Joe Meli, a 28-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.
He is contesting his extradition.
Magistrate Leonard Caruana presided over the rehearing of the extradition proceedings after previous proceedings were declared null following a legal battle that dragged on since February this year – when he first appeared in court over the case.
He has been in preventative custody since then.
After hearing a fresh case for bail on Tuesday, Caruana denied the request, meaning Meli is set to remain in custody.
A second chance
The case had to start from scratch after, earlier this month, Meli was handed a lifeline when a judge ruled that he could have a fresh court hearing thanks to legislation rushed through parliament last month.
When first arraigned in February this year, he consented to extradition.
Subsequent to his arraignment, 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.
New law offers lifeline
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 court's previous extradition decision and ordered a rehearing.
Lawyers Franco Debono and Arthur Azzopardi are representing Meli.
Police Inspector Mario Cuschieri and lawyers Sean Scerri de Carlo and Daphne Baldacchino from the Attorney General’s office are prosecuting.