Lawyers for Daniel Joe Meli, who is fighting a US extradition request, insisted in court on Thursday that when a criminal offence allegedly happened in Malta and the offender lived here, he should be prosecuted before the Maltese courts. 

“That is basic… Malta is a sovereign state,” defence lawyers Franco Debono and Arthur Azzopardi argued.

The 28-year-old check-in agent is wanted by the US to face prosecution for allegedly selling malware on the dark web between December 2012 and June 2022. 

He had initially consented to extradition but later changed his mind. The courts had subsequently dismissed his change of mind, but parliament stepped in, changing the law to allow the possibility of a fresh plea. The law now requires the courts to inform individuals of the legal consequences they face if they consent to extradition. They are also given two weeks to reflect on their decision.

When the extradition case continued before a magistrate's court on Thursday, the defence summoned Karol Aquilina, as justice shadow minister, to testify about the recent amendments to the Extradition Act. 

He said that prior to discussing the amendments in parliament, he and the Opposition Leader had met Meli’s parents to discuss their son’s situation. 

The Opposition then issued a statement to the effect that a person suspected of any criminal wrongdoing in Malta should face justice in Malta.

Both sides of the House of Representatives also agreed that amendments were needed to address a scenario like that concerning Meli.  The amendments were aimed “to guarantee the sovereignty and supremacy” of Maltese jurisdiction over and above any other jurisdiction. 

The prosecution asked whether parliament had at any point considered amending Malta’s international treaty obligations.

Aquilina said the amendments did not concern that matter, but parliament “clearly declared that we should prefer our supremacy.”  

Under further questioning by Debono, the MP confirmed that that was known as the principle of territorial jurisdiction.

Such a principle did not prejudice Malta’s international obligations.

Moreover, the amendments to the Extradition Act were enacted by unanimous vote, he pointed out. 

New bail request

When making submissions on bail, Meli’s lawyers stressed that such a principle was a basic rule.

“Malta is a sovereign state…An extradition treaty does not do away with that,” argued Debono.

The police had the power to prosecute any criminal wrongdoing allegedly taking place within Maltese territory. 

“Territorial jurisdiction comes first, international obligations follow,” stressed Debono. 

The protection said its objections to bail pivoted mainly on the gravity of the alleged offences. If granted bail, there was a “great risk” that Meli might abscond, even in light of his international contacts. 

But the defence rebutted that Meli wanted to remain in Malta. 

He had been under arrest for nine months only to have his case start all over again “through no fault of his,” argued Debono. 

Parliament agreed unanimously to change the law that was “inadequate.”

That was why the legislator had intervened. 

But meanwhile, Meli spent months in preventive custody.

And nowhere in its previous bail decrees had this court “given just the slightest consideration” to this fact, argued the lawyer. 

The court, presided over by Magistrate Leonard Caruana, said that a decree on bail would be delivered in chambers. 

The case continues next week.