A Magistrates’ Court decision blocking the extradition to Italy of a suspected drug trafficker on account of “incomplete” documentation by the prosecution has been described as “surreal” and against “the spirit of the law,” by the Attorney General.
On June 30, the court delivered judgment in extradition proceedings against John Spiteri, a 56-year old Qrendi resident targeted by a European Arrest Warrant issued by judicial authorities in Catania.
That warrant was triggered by investigations by the Italian authorities which had identified a number of individuals, some possibly living in Malta, who played a role in a criminal web behind the importation and trafficking of cannabis and cocaine.
After Spiteri was arrested, arraigned and remanded in custody pending his extradition proceedings, the court concluded that one of the documents which should have been presented by the prosecution never made it to court.
That document was a so-called ‘Form A’ that contained supplementary information about the requested person, the offences for which he was wanted and other important details without which the court could not determine whether Spiteri was wanted for an extraditable offence.
The court had therefore rejected the request for extradition and ordered Spiteri’s release, unless the attorney general chose to appeal.
The AG did appeal, saying that the relative regulations listed the specific documents which were to be exhibited in court.
“No other document was necessary in terms of law.”
Nowhere did those regulations state that the court could not take note of all other documentation if the Form A was lacking, it was argued.
These were particular proceedings governed by a ‘special law’ and the prosecution had produced all information and documents deemed mandatory in terms of law.
Moreover, the prosecution had produced additional information that was more detailed than any Form A could have contained and it did so in the interests of justice as well as in the interests of the wanted person who was still under preventive arrest.
The court was right in saying that for completeness’s sake, such a technical document ought to have been exhibited, but that Form A had “negligible” weight and was not called for neither under the Extradition Act nor under the relative Subsidiary Legislation.
And in any case, the court was bound to ask for any supplementary information it deemed necessary, the AG said.
Had it done so -and it was well within the legal time limits to do so- that Form A could have been produced “within minutes.”
The Magistrates’ Court decision was not legally sound, but rather “surreal” and against “the spirit of the law,” argued the AG, pointing out that the court had refused to take cognizance of additional information from Italy for reasons that were “totally arbitrary.”
In light of such considerations, the AG requested the Court of Criminal Appeal to annul the judgment or alternatively, reverse the order to release Spiteri and proceed to greenlight his extradition.
Lawyers George Camilleri and Ylenia Marie Abela from the AG’s Office signed the appeal.
Lawyers Franco Debono and Charles Mercieca are counsel to Spiteri.