Updated 3.15pm
The government should not allow Daniel Joe Meli to be extradited to the US but have him tried locally for crimes committed in Malta, the PN has said.
In a statement on Friday, the Nationalist Party said the government should not simply accept Maltese citizens being extradited overseas to be indicted in a foreign court when it is clear that the crimes that the person is being investigated over were committed in Malta.
This applies doubly when the crimes on which extradition is being requested are also crimes that exist within Maltese law, it said.
Meli, 27, is currently fighting a request to be extradited to the US after FBI investigations linked him to alleged sales of malware on the dark web over a period of ten years.
He initially consented to the extradition but recanted after changing lawyers, arguing that he was not in the right state of mind when he agreed to the initial request.
His new lawyers, Arthur Azzopardi and Franco Debono, have filed constitutional proceedings as they seek to stave off their client's extradition.
Opposition Leader Bernard Grech and shadow justice minister Karol Aquilina said they met with Meli’s parents and discussed the need for the state to protect the interests of Maltese citizens who are contesting procedures to be extradited overseas.
“It is the PN’s position that the Maltese Government should not permit the extradition of Daniel Joseph Meli. Instead, the government should ensure that Maltese authorities initiate legal proceedings against him in our courts and if he is found guilty, should serve his sentence in Malta,” they said.
The statement added that Meli’s case highlights a clear and urgent need to update the law to allow a person to appeal an extradition decision, even if they consented to it.
“The PN is ready to make itself available so that, in agreement with the Government and as soon as possible, parliament can discuss and approve the needed amendments to our laws in this regard.”
Their statement comes one day after the Justice Ministry, in a brief statement, said it was "closely following" the case.
Currently, a person who accepts to be extradited does not have the right to appeal that decision, under any circumstance. Meli's lawyers argue that is unconstitutional and should change.
According to sources, both the government and the Opposition are inclined to revise the law to allow some form of appeal process.
'Government evaluating all legal parameters'
Reacting, the government acknowledged the PN's suggestion and reiterated it was closely following the case.
The government on Thursday said it was taking into account the judgments already delivered by the Maltese courts, as well as the declarations regarding Meli’s health.
In a statement on Friday, it urged the PN to understand the legal complexities of the situation, the legal parameters linked to a 2006 treaty, and Meli's acceptance to be extradited.
The government said it was evaluating all legal parameters so that whoever broke the law in Malta faced justice here. It would also ensure stronger safeguards in the process through which a person voluntarily accepts to be extradited.