A magistrate due to preside on Monday over extradition proceedings involving an Italian businessman abstained because the case presented identical facts to those in similar proceedings earlier this year heard by the same magistrate.
Donatella Frendo Dimech presided over the same European Arrest Warrant proceedings brought against businessman Antonio Ricci in April.
The court of first instance had upheld the Italian authorities’ extradition request in the April hearing but the decision was overturned on appeal by Madam Justice Consuelo Scerri Herrera in June.
Magistrate Frendo Dimech verified that the facts upon which the first arrest warrant had been issued “were identical” to those underlying the second warrant issued by the Italian authorities, and also involved the same offences within the same time-frame.
Six months later, the Italian is again in police custody. He was arraigned on Saturday following a fresh alert on the Schengen Information System after a new European arrest warrant was issued by Judge Caterina Catalano from the pre-trial investigation in Reggio Calabria, dated December 20.
The 43-year-old, with suspect ties to the ‘Ndrangheta, is wanted over allegations of participating in a criminal conspiracy linked to tax evasion, illegal betting and money laundering.
A review tribunal in Reggio Calabria had dropped the “mafia association”, which is an aggravating factor, in a decision handed down in September. That decision is still subject to appeal.
After being denied bail upon his arraignment on Saturday, Mr Ricci was back in court on Monday.
Magistrate Frendo Dimech verified that the facts upon which the first arrest warrant had been issued “were identical” to those underlying the second warrant issued by the Italian authorities, and also involved the same offences within the same time-frame.
As a result, she declared that she was abstaining from the case. Superintendent Christopher Galea Scannura and Inspector Mark Galea from the International Relations Unit prosecuted.
Lawyers Matthew Xuereb and Charles Mercieca from the AG assisted the prosecution. Lawyers Franco Debono, Arthur Azzopardi, Stephen Tonna Lowell and Amadeus Cachia were defence counsel.