An appeal’s court on Friday overturned a decision to extradite a man wanted in Italy over the laundering of mafia money.
Antonio Ricci, listed as a company secretary to the Malta company Harvey Gaming, had been arrested in late April through a European Arrest Warrant issued by a court in Calabria, on suspicion of laundering ‘Ndrangheta mafia funds.
Magistrate Donatella Frendo Dimech had upheld the request for his extradition in May, ruling that the legal prerequisites had been satisfied.
But Mr Ricci appealed the decision, claiming that the investigations by the Italian authorities had not been concluded yet so the Maltese court could not decide to extradite him.
Madam Justice Consuelo Scerri Herrera upheld this argument and overturned the magistrate’s decision. She ruled that Mr Ricci should not be extradited because the Italian authorities’ investigation into his dealings had not yet been concluded.
The judge clarified that the man was wanted over the investigation and not for the prosecution over alleged charges. For this reason, she said, the court could not treat him as though he had been or would be accused of committing any crime.
Not only had court proceedings against Mr Ricci not yet started, the court noted, there was a chance that they would not start at all and that the man would be released before being charged.
The documentation provided by the Italian authorities was unclear and at times confusing and contradictory, the judge continued.
“Before these conflicts emerging from the acts, this court is not of the opinion that the appellant is required for the purposes of prosecution but it emerges that the investigation is not yet closed… On the basis of these considerations, this court does not agree that the European Arrest Warrant was issued for the purposes of prosecution but believes that there are other instruments which that could have been used…”
For this reason, the sentence ordering his extradition was revoked and the court ordered Mr Ricci’s immediate release.
Lawyers Franco Debono, Arthur Azzopardi, Stephen Tonna Lowell and Mario Mifsud appeared on behalf of Ricci.
Police Inspectors Mark Galea and Robinson Mifsud prosecuted.
Lawyers Matthew Xuereb and Charles Mercieca appeared on behalf of the Office of the Attorney General.