A man who is contesting his planned extradition to the United States has argued before the constitutional court that his poor mental state was not taken into account when he was first arraigned as a wanted person in February.

Daniel Joe Meli, 27, had initially consented to the extradition to the US where he is wanted by the FBI for allegedly selling illegal malware on the dark web between December 2012 and June 2022.

Meli later appealed the magistrate’s decision green-lighting his extradition, arguing that the first court should have assured that he was in a sufficiently sound state of mind when expressing consent. His appeal was dismissed, leading to fresh proceedings before the constitutional court. 

His lawyers are arguing that Meli has a documented history of mental health issues which cast doubt as to whether he fully understood what he was consenting to and the implications of that decision. 

His right to a fair hearing was breached because the appeal court did not assess fresh evidence which would have shed light on his mental state when consenting to the extradition.

A line of doctors testified via videoconference on Monday, providing information about the young patient they had examined at different stages of his life.

The court heard that just over a year ago, Meli was referred to a consultant psychiatrist for therapy.

The reference letter described him as “a very bright 26-year old” suffering from “great social anxiety” and who experimented with drugs in the past.

The patient had been prescribed medicine, including medical cannabis, “indulging in greater doses” while struggling with social anxiety.

“I could notice that eh was very agitated,” explained Peter Muscat, a consultant who examined Meli three weeks after that referral.

He prescribed medicine to treat that condition.

When the patient returned three weeks later “he seemed a bit better but he was avoiding social interactions.”

Meli told the doctor that he had struggled with social anxiety since he was 15 years old and always found it difficult to create friendships and stick with a group.

This anxiety resulted in a “heightened state of being” and could lead to “hasty decisions,” said Muscat, when questioned by Meli’s lawyers, Franco Debono and Arthur Azzopardi.

“Strong anxiety and very low self esteem”

A specialist in internal medicine who first met Meli’s family through sports testified about his ten-year doctor-patient relationship with the applicant.

Daniel would occasionally message him and turn to him for medical tests and check ups, said doctor George Bugeja.

He would urge the youth to focus on the many things he could look upon with optimism so as to overcome his “strong anxiety and very low self esteem.”

But Meli’s psychological problems worsened when he was diagnosed with rheumatoid arthritis, a painful condition normally affecting older persons, and treated with strong medication that triggered serious side effects.

Meli was just 22 when he started experiencing joint pains which forced him to give up on the sport “he loved so much.”

“When you don’t feel well physically, your psychological problems get worse,” observed the doctor, explaining that the sudden onset of Meli’s medical condition deprived him of a hobby which had previously offered some reprieve from his psychological struggles.

That in turn made Meli susceptible to suggestions from someone else simply because he felt inferior and would do so “without thinking of the consequences.”

For a year or so, starting from November 2022, Meli also resorted to the pain clinic where he was prescribed medical cannabis, chronic pain specialist Andrew Agius also testified.

Abuse of medication

Following a history of drug abuse, Meli turned to inappropriate use of prescribed pills, such as tranquillizers, testified family doctor Gianluca Bezzina, whose specialisation in addictions brought him in contact with the applicant.

The doctor spoke of Meli’s long history of cocaine, heroin and cannabis abuse. Over the past year, that abuse had turned to prescription drugs.

Although such medicines were administered under control, a patient could find ways of abusing the system.

That explained why Meli had told the doctor that he was on a daily 30 mg dose of a particular tranquillizer when the maximum dosage was 8 mg.

A circular addressed to all doctors, dentists and pharmacists in Malta was issued by the superintendent of public health, Charmaine Gauci, warning of Meli’s suspected abuse.

Going round pharmacies to obtain more pills

The patient appeared to be going round pharmacies, to obtain more pills.

“I felt I should act cautiously”- court expert

A forensic expert assisting police in collecting digital material during the search at Meli’s home prior to his arraignment testified that he had interrupted the search to make sure that Meli was taken to the detox centre.

Based on background information from police and medication he personally came across in Meli’s room, the expert said he wanted to make sure, both during the search and later at police headquarters, that Meli got his treatment.

“Based on findings, I felt I should act cautiously,” said lawyer and expert Martin Bajada.

The case, presided over by Madam Justice Doreen Clarke, continues.

Lawyers Arthur Azzopardi and Franco Debono are assisting the applicant.

State Advocate lawyer Julian Farrugia represented the respondents.