The mother of Daniel Meli, who is wanted in the US to face charges of selling illegal malware on the dark web, has filed a parliamentary petition calling for legal changes to ensure that crimes committed on Maltese soil are tried in Malta.

“Extradition procedures should never replace the judicial process in Malta where the crime was committed by a Maltese citizen and the crime was committed in Malta and from Malta, as in the case of computer hacking and similar crimes,” Lucienne Meli wrote in the petition.

Her son, Daniel Meli, a 28-year-old check-in agent, is being sought by US authorities for his alleged illegal dealings on the dark web between December 2012 and June 2022. 

He is currently undergoing extradition proceedings in Malta. If extradited, he will be sent to the US to face charges and serve time – if found guilty.

Under Maltese law, a Maltese national can be extradited to another country if there is a treaty between the countries and if the offence is punishable by over 12 months’ imprisonment.

Lawyer Arthur Azzopardi explained there are still grey areas with the Extradition Act, unlike the Criminal Code, which makes it clear that Malta has jurisdiction over crimes committed on Maltese soil.

He argued that the Extradition Act should be amended to change this in line with the principle of territoriality which Malta has been exercising for centuries.

In the case of Meli, the alleged crime was committed in Maltese soil – so he should be tried in Malta.

Lucienne Meli believes this must change.

“A decision to extradite a person has a big and probably lasting impact on the life of that person,” she said.

In an interview with Times of Malta in August, Meli’s parents recounted being given 15 minutes to make a life-altering decision about their son’s extradition to the US.

They recalled how on February 7, they went home to find the police searching every room in the house. The police took every laptop, tablet and gadget they found in every room and arrested their son.

Big and probably lasting impact on the life of that person

“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 had said.

They said they had just 15 minutes to make a life-changing decision before appearing before the magistrate. They accepted but later believed they had made a huge mistake.

A huge mistake

The couple explained they were initially told that if their son cooperated with the FBI, he would be facing a maximum of five years in prison if found guilty, which could even go down to three years with good conduct.

They initially thought that would not be so bad, until they discovered he was facing five years for each charge. With multiple charges, this meant he could face up to 40 years in prison if found guilty.

Daniel Meli. Photo: Facebook

When first arraigned in February, he agreed to extradition. However, with assistance from new lawyers, he later appealed. That appeal was dismissed and Meli then filed constitutional proceedings. 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 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 allows anyone awaiting extradition from Malta, who had previously consented, to apply before the Court of Criminal Appeal to reconsider their willingness to be extradited.

Meli’s lawyers, Franco Debono and Arthur Azzopardi, immediately filed an application. In November, the extradition proceedings started again after previous proceedings were declared null.

The petition will be open for signatures until February 8, 2025.