A Czech man, who had undergone extradition proceedings last year, has been targeted by a fresh European Arrest Warrant.
Marek Drga, 40, was arrested and arraigned on Friday, declaring he was not voluntarily surrendering to the second warrant issued against him by the Czech authorities, demanding his removal back to his homeland to face charges of tax evasion, tax fraud and complicity in crime.
Lawyer George Camilleri, from the Office of the Attorney General, explained that Mr Drga had not consented to the first EAW served upon him in November 2017, but had been extradited under court order, duly prosecuted and sentenced.
The man had filed an appeal and had returned to Malta pending final judgment, the court was told. A second warrant had been issued whereby, in keeping with the rule of speciality, he was to be tried only for those offences mentioned in the warrant.
A request for bail was made by defence lawyer Roberto Montalto who claimed that the Czech authorities were “abusing the system.”
“Mr Drga was tried,” said the lawyer, and “all throughout proceedings, he was being coerced to renounce to his right under the rule of speciality and pressured to testify against third parties, which is the real reason for the request.”
The man had appealed the judgment, being granted bail and being allowed to travel by those same authorities who were now demanding his “forceful return,” Dr Montalto argued.
However, Dr Camilleri countered that this was a “high profile case in the Czech Republic,” and that the prosecution feared that the requested person could attempt to abscond, pointing out that Mr Drga had filed an application to retrieve his ID card from the records of the previous case.
This was a “tell-tale sign” which, coupled with his resistance to the extradition, rendered the fear of absconding a tangible and real one, Dr Camilleri went on.
“He’s been in Malta since October 2018, having returned to the same job he had in Malta before his extradition. He went to the police in order to obtain his ID card so as to regulate his position,” the man’s lawyer explained.
“I want to show that I am here legally,” the man himself remarked.
Although the AG’s office had deemed the second EAW rather “unsavoury”, they were bound to adhere to it since it involved new charges and new circumstances.
After hearing submissions on bail, the court, presided over by Magistrate Rachel Montebello, rejected the request in view of the fact that it was not convinced that Mr Drga could offer sufficient guarantees and also because of the possible risk of absconding.
The case continues next week.