Updated 5pm

An Italian businessman who fought an extradition battle before the Maltese courts earlier this year, until the order to send him back to his homeland was overturned on appeal, was remanded in custody on Saturday after challenging a second European Arrest Warrant in his regard.

Antonio Ricci, 43, who has been living in Malta together with his family for the past ten years, was served with the new warrant on Friday afternoon at his Swieqi home, issued by judicial authorities in Reggio Calabria and a fresh alert on the Schengen Information System sparking action by the Maltese authorities.

Once verified by the Attorney General who issued the due certificate, officers from the International Relations Unit proceeded to arrest the wanted person.

Mr Ricci was arraigned on Saturday at noon, assisted by a team of lawyers, in a three-hour session marked by heated arguments between the defence and the lawyers from the AG’s Office, assisting the prosecution.

After the facts leading up to the arrest of Mr Ricci had been explained by the prosecution and the arrest itself contested, the court, presided over by magistrate Doreen Clarke, proceeded to hear submissions on bail.

Mr Ricci himself was asked to take the witness stand by his lawyers, confirming under oath, through the assistance of an interpreter, personal facts proving his strong ties in Malta.

The Italian man said that he has been living here for 10 years, together with his wife and two children, occasionally traveling abroad for work and leisure.

He stressed that since his first arrest back in April, he had never left the island even though he was in possession of a valid passport ever since the Appeal Court judgment rejecting his extradition.

His work trips had been limited to Europe, said Mr Ricci, who was currently employed in the sale of electronic goods. As for immovable property, he explained that all property was registered in his wife’s name.

“This case is heading towards an acquittal in Italy,” said defence lawyer Franco Debono, stressing that, “personal freedom is not a toy….If any point has been proved in this case, it is that, if granted bail, he will remain here.”

“When he wasn’t granted bail, that man [Ricci],” Dr Debono said, pointing his finger at the smartly-attired wanted person seated at the dock, "spent two months in jail for nothing. That’s what bail is intended for: to avoid the injustice he faced the first time round.”

Not only did Mr Ricci have strong family ties in Malta, but most relevant was the fact that he had never attempted to flee, even after the first European Arrest Warrant (EAW) had been shot down on appeal, argued the defence.

Moreover, a vital difference had been registered since the first EAW proceedings, the court was told.

Indeed, there had been a decision by a review Tribunal of Reggio Calabria, dated September 27, 2019, whereby the “mafia association” in respect of Mr Ricci had been cancelled, leaving him liable to prosecution for simple criminal conspiracy, Dr Debono explained.

Documents later seen by Times of Malta confirmed this decision, still subject to appeal before the Corte di Cassazione. 

Moreover, the defence lawyers cited numerous cases brought before the Maltese Courts, involving similar EAW procedures, wherein the wanted persons were granted bail upon arraignment.

The prosecution rebutted that since Italian authorities had issued fresh documents in Mr Ricci’s regard, today he carried a much higher risk.

Moreover, the prosecution was “convinced” that such a risk existed, said lawyer Matthew Xuereb from the Attorney General's office, pointing out that when the police had called at Mr Ricci’s home on Friday, his daughter had explained that he was at Valletta.

The officer had decided to wait, after speaking to Mr Ricci over his daughter’s phone.

Around an hour later, one of Mr Ricci’s lawyers had turned up. It later transpired that Mr Ricci was at home. 

Superintendent Christopher Galea Scannura, the officer in charge of delivering the confidential documents on Friday, said that he had never moved from his spot outside the Swieqi residence.

“Dr Azzopardi and I had suggested we would accompany him to the Depot within 30 minutes,” Dr Tonna Lowell promptly pointed out.

“Yes, but I chose to wait at his home,” said the Superintendent.

The court then retired to chambers, returning with a decree whereby it rejected the request, pointing out that the circumstances leading up to the second EAW appeared to differ from those which had led to Mr Ricci previous arraignment, ending in a rejection of the Italian authorities’ request by the Court of Criminal Appeal.

However, since the present proceedings referred to a crime under Italian law liable to a maximum jail term of seven years, namely criminal conspiracy for the purpose of tax evasion, and since there was the fear that Mr Ricci might try to avoid criminal proceedings, the Court was denying bail at this stage.

Superintendent Christopher Galea Scannura and Inspector Mark Galea from the International Relations Unit prosecuted.

Lawyers Matthew Xuereb and Charles Mercieca from the Attorney General's office assisted the prosecution.

Lawyers Franco Debono, Arthur Azzopardi, Stephen Tonna Lowell and Amadeus Cachia were defence counsel.