Fears that Libya is holding Maltese man as ‘leverage’ for Lilu King

Top government officials have been told of fears that a Maltese man is being detained in Libya as “leverage” for a prisoner swap for the notorious Lilu King, who is wanted for murder.

Paul Attard, who has faced past accusations of drug trafficking, was arrested upon arrival in Libya in July 2024 on suspicion of facilitating drug shipments into the country.

Attard, who denies the claims, has been detained in Libya ever since without being charged.

He has told his lawyers that a Libyan prosecutor linked his potential release to a prisoner swap for Mohammed Ali Ahmed Elmushraty, better known as Lilu King.

Family members have written to Prime Minister Robert Abela and Foreign Minister Ian Borg detailing their fears that Libya is using Attard for political leverage.

Replying to questions by Times of Malta, a government spokesperson said there has been absolutely no request or discussion of any prisoner swap involving Attard and Elmushraty.

Shortly before the replies were sent, TVM published an article saying talks between the Maltese and Libyan authorities are under way about the possible extradition of Elmushraty to Libya.

The spokesperson insisted that Attard’s and Elmushraty cases are being “processed separately through their respective judicial channels and are not connected in any manner”.

Attard’s family say he has faced “mental and physical torture” in Libya and argue that the Maltese authorities are not doing enough to secure his safe return. 

Attard’s sister Josette told Times of Malta that the family has even been approached by individuals seeking to profit from the situation. 

One intermediary claimed to the family that a €200,000 upfront payment would secure Attard’s release. 

The family refused to pay any money up front, instead insisting that if the offer is genuine, the money should be held in escrow with a third-party until Attard is released.

According to the family, an ex-OPM official has also offered to broker a meeting with Libya’s attorney general in Tripoli, against a payment of €10,000.

The family turned the offer down. 

Wanted in Libya

Elmushraty’s presence in Malta has long been a bone of contention for the Libyan government.

He is wanted in Tripoli on charges ranging from murder to drug trafficking.

A police inspector confirmed to a court in 2023 that Libyan authorities had contacted Malta’s police to flag his wanted status and requested his extradition.

Elmushraty was granted refugee status in Malta in 2015, but his asylum was not renewed in 2023.

Hussein Emhamed Aqsouma, who represents Attard in Libya, told Times of Malta that his client’s continued detention without charge is unlawful and that there are no legal grounds for a prisoner swap, since Attard is not wanted in Malta.

He further stressed that negotiating with foreign governments falls outside the jurisdiction of Libya’s public prosecution service.

The public prosecution has exaggerated the situation solely for political purposes

“Paul is innocent, has not been convicted, and is not wanted by the Maltese authorities. Even if there were any transfer of Paul to another country, this would require his own explicit request and his voluntary signature on transfer documents without any pressure or coercion.

“This could only occur if Paul had been convicted and wished to complete the remainder of his sentence in his home country.

“Such a process would also require numerous prior legal procedures and the existence of a formal agreement between Libya and Malta,” Aqsouma said.

A government spokesperson told Times of Malta that the Maltese authorities continue to actively follow Attard’s case and remain engaged through diplomatic and consular channels at various levels with the relevant Libyan authorities

While the government cannot interfere in ongoing judicial proceedings, the spokesperson said the authorities remain actively engaged in seeking progress in Attard’s case through sustained diplomatic efforts.

Violating the law

Aqsouma accused Libyan prosecutors of overstepping Libyan laws.

Attard’s defence team has not been permitted to review the case file, and prosecutors have not explained his legal position, the lawyer said.

Aqsouma said Attard feels as though he is a prisoner of war captured on a battlefield.

“The public prosecution has exaggerated the situation solely for political purposes. Paul is not a war prisoner, not a terrorist, not a drug dealer, not an illegal migrant, and he has never engaged in any activity contrary to the law.

“He has absolutely no connection to the accusations the prosecution is attempting to attach to him,” Aqsouma said.

Instead of presenting any new evidence or referring the case to the competent court, Aqsouma said prosecutors have continued to request extensions of his detention and send his file to court solely for the purpose of renewing his imprisonment.

The lawyer said the prosecution often fails to inform Attard’s defence team about the dates of the detention renewal hearings.

Family pressure

While all this has been playing out over the past 22 months, Attard’s family have relentlessly been petitioning top government officials and Malta’s representatives in Libya to do more for him.

“Paul is no angel, but he was trying to turn over a new leaf. He went to Libya for a Haftar government tender to dredge the Misrata port. Two days before going to Libya, he met Robert Abela in his office and informed him about the trip,” Attard’s sister Josette told Times of Malta. 

Attard, who was a television director in the 1990s during the early days of Labour’s ONE TV, is well-known within Labour circles. 

His family have grown increasingly frustrated at the perceived lack of urgency by the Labour government to ensure Attard’s safety and secure his release. 

Government officials have told the family that the case is “delicate”. 

Foreign Minister Ian Borg has acknowledged to the family that there is “always a risk” that Attard could be used as leverage by the Libyans. 

The foreign minister has told Attard’s family that no “official” request for a prisoner swap has been made by the Libyan authorities. 

Malta’s ambassador to Libya Franklin Aquilina has assured the family that work on Attard’s case remains ongoing and continues to be pursued through the appropriate channels. 

Aquilina told family members that judicial and procedural matters in Libya may at times operate differently from practices and expectations in Malta, which can occasionally make the obtaining of clear and timely information more challenging.

Attard’s lawyer has urged the Maltese authorities to step up their efforts, as they have provided “no meaningful assistance” to Paul.

“We continue to demand justice, adherence to the law, and proper legal procedures, including requesting either Paul’s release or referral of his case to court.

“The Maltese government has, to this day, failed to provide effective assistance to Paul. Some governments that truly care about their citizens would send their foreign minister personally to any country where one of their nationals is facing danger,” Attard’s lawyer said.