The parents of a Maltese man wanted in the US over suspected dark web dealings fear they might lose their last-ditch court attempt to stop extradition before parliament changes the law allowing him to be tried in Malta.
That would mean the law, which the government and the opposition agreed to change in the wake of this case, would not help the one man who triggered it in the first place – Daniel Meli, his parents said.
Chris and Lucienne Meli urged MPs to reconvene parliament earlier in case court proceedings are scheduled to conclude before October, when the House meets again after the summer recess.
They said they are overwhelmed by the two parties’ quick response to their plea and are extremely grateful for their unanimous support to amend the law.
But they argued the law, which, as it stands, does not allow extradition decisions to be appealed, could force the court to refuse their plea to reverse extradition, essentially forcing their son to leave Malta for the US.
The parents said, that by parliament meeting sooner, MPs could amend the law before the court delivers its verdict, preventing the extradition.
The 28-year-old Maltese man is wanted in the US to face charges of selling hacking equipment on the dark web. He was arraigned in February and initially consented to the extradition but later retracted his consent after hiring new lawyers who argued that the magistrates’ court had not verified whether he was medically fit and capable of understanding his decision.
The law, however, does not allow for such decisions to be reversed, which is why Meli’s parents took to the media to urge the government to intervene to allow their son to stand trial in Malta.
Within days, the government and the opposition agreed they should change the law and the government is drafting a bill that would allow Meli – and other people in his situation in the future – to contest extradition.
The proposed law, according to sources, would allow a wanted person “adequate time” to reflect before deciding whether to accept being extradited to face trial in a foreign country, thus ensuring they make a well-informed decision not made under duress or when they are mentally unfit.
For Meli to avail of such changes, however, parliament would have to pass the new legislation before the constitutional court makes a final decision in his case.
“We’re concerned over his well-being in the US,” his mother said.
“He would be alone, away from his family and we wouldn’t be able to visit him. And we’re also concerned about medication. It’s given to him free here but not there.”
The arrest
The parents recalled the day – this February 7 – when they went home to find the police searching every room in the house.
The couple stared in shock and bewilderment as the police took every laptop, tablet and gadget they found in every room and arrested their son, who has not returned home from prison since.
“At first, it seemed our son would be prosecuted by Malta’s police but, the next day, they told us charges had changed and he was now wanted by the US and that we must appear urgently before a magistrate to confirm whether he will accept extradition,” the mother said.
They said they had to take that life-changing decision in 15 minutes, before appearing before the magistrate. And they accepted, only to later realise it was a huge mistake.
Why accept?
The couple explained they were initially told that if their son cooperated with the FBI, he would be looking at a maximum of five years in prison if found guilty, which could even go down to three years with good conduct.
That would not be so bad, they thought, until later they discovered that he was actually facing five years for every charge and there was more than one charge, meaning that, if found guilty of all charges, he could be spending some 40 years in prison.
But that was not the only reason the Meli family are fighting to reverse the extradition decision. They say they could not have possibly made a well-informed decision in 15 minutes and under such immense pressure.
“We were shocked as much as our son,” the mother said.
“At that moment, when we were expected to make the decision, he turned to me like a lamb and said: ‘What should I do, pà?’ We didn’t know what to do and we needed more information,” his father added.
“There was another thing. He takes medication to treat anxiety and arthritis and he wasn’t yet given the medication that day before court, so not only was he under immense pressure but he had also not taken his medication.”
The parents said they have been inundated with overwhelming support since they took their case to the media, mostly from people who believe Maltese citizens should be tried in Malta, especially if the alleged crime was committed in Malta.
“We received messages from people who don’t even know us but offered a helping hand,” the father said.
“We miss Daniel a lot. We speak to him and he’s always thinking about the dog. He fears she might forget about him,” his mother said.
“There are a lot of question marks on his future.”