Updated 5pm

Lilu King would likely be tortured or even killed if he were to be extradited to Libya, his lawyers insisted before a court on Tuesday.

Lilu King - real name Mohamed Ali Ahmed Elmushraty - is undergoing court proceedings for alleged involvement in an organised crime group, tax evasion and money laundering. 

His refugee status was revoked when he failed to renew it after his certificate expired in April last year. He has since filed a fresh application, his lawyer Franco Debono said.

Details about the issue emerged when a representative of the International Protection Agency testified on Tuesday. 

Elmushraty had first applied for international protection on October 30, 2015, and at his interview the following month, cited the situation in Libya as one of the reasons for seeking asylum. 

His political situation considering relations with former leader Gaddafi and the place where he came from was a prime consideration for his request, said the witness, a lawyer working at the agency’s legal office.

He told the office about how he had been tortured in a Libyan prison for two years and finally fled the country in 2011. 

In December 2015, he was granted refugee status for three years, renewable every three years. 

His last certificate was issued in June 2018.

At some point, Elmushraty lost his certificate which was to expire in April 2022, with a 12-month renewal timeframe. 

That was why the agency stepped in on May 25, 2023, withdrawing his refugee status on legal grounds for failure to renew his certificate within the stipulated time. 

Debono pointed out that an application filed on June 9 was still pending. 

The witness was to check the agency’s records. 

The court was also told on Monday that Libya is planning to seek his extradition to face charges of murder and other serious crimes. Documents sent by Interpol Tripoli were produced to support that claim. 

But Elmushraty’s lawyers in a note filed before the Magistrates’ Court said that not only was there no guarantee of a fair trial if their client was to be extradited, but he would likely be tortured or even killed there.

They pointed out that Elmushraty had been granted refugee status in Malta precisely because he was persecuted in Libya. The documents from Interpol had to be seen within the context of Elmushraty’s refugee status and the European Convention on Human Rights which guaranteed protection against torture and inhuman or degrading treatment. 

That convention formed part of Maltese law. If the extradition were to go through, not only would Elmushraty not be guaranteed a fair trial but there existed a “real possibility” that he would be tortured or even killed.

Car sales and repairs

A mechanic who had previously come across Elmushraty at the gym and was introduced by friends at a Paceville lounge testified about how the accused had asked him to repair a Mercedes vehicle. 

He had carried out some minor body repairs and changed some parts for a total expense of over €2,000. 

A car dealer in a family business testified about how Lilu had called him on the Saturday preceding Mothers’ Day, offering to sell him a Mercedes E Class and a BMW X6 for €40,000 and €20,000 respectively. 

He had never met Elmushraty but followed his Instagram posts. 

Then one evening, while at a bachelor’s party at Medasia, the witness bumped into Elmushraty. 

The two spoke about the cars and clinched a deal over the Mercedes for €35,000. 

It was a mouse-grey colour with a “1 King” number plate. 

It was only when checking the vehicle’s logbook at his showroom that the buyer realised that it was not registered in Elmushraty’s name. 

He eventually handed €5,000 in cash to Elmushraty and agreed on a part-exchange with the registered owner for the remaining balance on the price. 

“This is a fishing expedition par excellence,” started off Debono when making arguments as to whether the prosecution had proved its case on an initial prima facie level. 

Failing that minimal threshold, the charges would fall through. 

Although the prosecution alleged that Elmushraty was involved in drug trafficking, they had issued no drug-related charges. 

Then “like a bolt from the blue” on Monday the prosecution produced evidence from Interpol Tripoli as though to “buttress their very lame case”.

“And that is very worrying,” argued the defence lawyer.

As for the charge concerning organised crime, where were the elements necessary for this offence, went on Debono. 

AG lawyer Antione Agius Bonnici rebutted that investigations were still ongoing but at this stage the prosecution only had to prove sufficient reasons for the case to proceed. 

Elmushraty was an “invisible” figure with unexplained wealth, splashing out on expensive items.

Organised crime generally involves a group of people working together on different crimes and the head of the structure normally does not appear anywhere. 

Elmushraty’s lawyer stressed that the case was “far-fetched and stretched” based on “conjectures and suppositions”.

When making submissions on bail, Debono argued that the accused had been in Malta for seven years, had been granted refugee status and had returned even knowing that he had other pending cases in court. 

“This is a classic case for electronic tagging,” added the lawyer, arguing that the time was ripe for the State to introduce that measure which could strike a balance between the rights of the accused and the interests of society. 

The law is equal for all, went on Debono, drawing a comparison with criminal proceedings against Adrian Hillman and Ryan Schembri who had been granted bail. 

Hillman was granted bail upon arraignment while Schembri was granted bail after some eight months. 

However, the AG lawyer promptly pointed out that Hillman was charged following an inquiry which had been ongoing for some four years and had gathered some 27 boxes of evidence. 

The courtt, presided over by Magistrate Donatella Frendo Dimech, turned down Elmushraty’s request for bail observing that the facts of the case were wider than seemed and investigations were still ongoing, with third parties possibly involved and still to face charges. 

The offences he was charged with, namely money laundering and breach of previous bail conditions, were serious. 

Although several civilians had testified on Tuesday, there were others who were still to testify and the risk of tampering still existed. 

In fact, two persons had been charged with attempting to tamper with evidence and another witness had said that he had been approached by them to influence his testimony. 

Moreover, on Monday it emerged that the accused was wanted in Libya.

His refugee status had been revoked and in his current position, he could not be allowed to circulate freely. 

The court also decreed that there was sufficient evidence on a prima facie level for the accused to face trial on indictment.

Based on the accused’s own statements, testimonies of police and other witnesses the court concluded that Elmushraty had a case to answer. 

Inspectors Mark Anthony Mercieca, Tonjoe Farrugia and Alfredo Mangion prosecuted, assisted by AG lawyer Dejan Darmanin prosecuted.  Lawyers Marion Camilleri and Francesca Zarb were also defence counsel. 

The case continues in July.