A man facing extradition to Italy where he was wanted for drug trafficking has walked free after Italian authorities withdrew his arrest warrant.

The decision brought an end to a two-and-a-half-year extradition battle that John Spiteri was fighting.

The now 58-year-old man from Qrendi walked out of court a free man on Friday after the Court of Criminal Appeal, having assessed and confirmed official documentation from Italy, pronounced his discharge.

How it all started

In 2021, a court in Catania issued a European Arrest Warrant for Spiteri, who was wanted to face prosecution for his suspected role in moving drugs from Albania to Italy and trafficking them in Italy and Malta.

On June 11, 2022, Spiteri was arrested in Malta on the strength of that EAW and escorted to court for committal to Italy.

Almost three weeks later, the Magistrates’ Court turned down the extradition request because certain important paperwork had not been filed by the prosecution.

However, the Attorney General appealed that decision which was subsequently quashed by the Court of Criminal Appeal. The case landed back before a different Magistrate who in August that year upheld the Italian authorities’ request, thus giving the go-ahead for the extradition.

Spiteri’s lawyers appealed the decision, flagging serious human rights issues mainly linked to the prison conditions the requested person would face if extradited to Italy.

While the case shifted between the Magistrates’ Courts and the Court of Criminal Appeal, Spiteri was granted bail three times, the last being in September 2022 when Mr Justice Aaron Bugeja observed that “pre-trial custody on remand” was allowed but only in so far as the person’s right to a fair trial was respected.

Spiteri was granted bail under strict conditions. He remained on bail ever since.

That court of appeal confirmed the decision to surrender Spiteri to the Italian authorities but the extradition was suspended while human rights issues were contested before the constitutional courts.

Scenario shifts to the constitutional fora

Spiteri’s lawyers insisted on a guarantee from the Italian authorities to the effect that his right to protection against inhuman and degrading treatment would be guaranteed in Italian prisons.

In January 2024, the First Hall, Civil Court in its constitutional jurisdiction turned down Spiteri’s grievances. The decision was confirmed in October upon appeal before the Constitutional Court.

That final decision paved the path for the extradition to proceed.

But Spiteri’s lawyers persevered.

They filed fresh proceedings before the constitutional courts arguing that Italian authorities had not provided any details about the prison facility where Spiteri was to be detained, the size of prison cells and the size of the prison population.

They cited a July 2024 judgment by the Constitutional Court concerning Paul Philippe Al-Romaniei.

In Al Romaniei’s case, the Court of Criminal Appeal ultimately turned down the extradition request because the Romanian authorities failed to provide sufficient guarantees that the wanted person would not suffered inhuman and degrading treatment if surrendered.

Spiteri’s situation was hardly different, yet he was not afforded the same treatment by the courts, argued his lawyers.

An eleventh-hour decision

That second constitutional challenge meant that Spiteri’s extradition would remain suspended until his breach of rights claims were decided.

Then came the unexpected twist.

Days ago, Spiteri was informed that Italian authorities had withdrawn the arrest warrant in his regard.

His lawyers, Franco Debono and Charles Mercieca, filed an application before the Court of Criminal Appeal asking for an urgent hearing since the legal and factual basis for his extradition were now lacking.

If he were to be detained, his arrest would be illegal.

They cited a legal provision which states that when the EAW is withdrawn, the court must order the person’s discharge.

Following a hearing late on Thursday evening where the Attorney General provided official documentation confirming the withdrawal by the Italian authorities, the court, presided over by Madam Justice Consuelo Scerri Herrera, upheld Spiteri’s request.

He was discharged and walked out of court a free man.

Lawyers Franco Debono and Charles Mercieca assisted Spiteri.