A Maltese man battling extradition to Italy over drug trafficking suspicions has once again been granted bail, pending final judgment.
John Spiteri, 56 and from Qrendi, was first arrested locally in June on the strength of a European Arrest Warrant issued by a court in Catania. He is wanted to face charges of having imported drugs into Italy from Albania, to traffick in Italy and Malta.
A magistrate’s court had however turned down Italy’s extradition request, on the basis that important paperwork concerning the extradition had not been filed by the prosecution.
But that decision was quashed on appeal and a magistrate then green-lit Spiteri’s extradition on August 24, noting that documentation now included a “very detailed and clear explanation of facts”.
Spiteri was immediately detained by the police, pending his extradition to Italy, as the law requires.
However, his lawyers immediately appealed that decision, arguing that their client would face inhuman and degrading treatment if he ended up in an Italian prison.
They cited extensively from documents of the Council of Europe which appeared to deplore the state of Italian prisons.
Spiteri’s lawyers also referred to European case law which requires Member States to ensure that adequate guarantees are issued before European Arrest Warrants are executed.
Judge Aaron Bugeja subsequently gave Italian authorities until September 13 to furnish guarantees to that effect.
The defence also argued that there was no evidence that the facts outlined in the EAW were attributable to Spiteri. A person could not be extradited simply because his name and surname matched the particulars on the EAW, insisted Spiteri’s lawyers.
The Attorney General countered that such EAWs were to be executed on the basis of mutual trust and recognition between States.
Late on Friday, following a marathon six-hour court session, Mr Justice Bugeja upheld Spiteri’s request to be granted bail, with the Attorney General not objecting to that request.
The court noted that a statutory 60-day limit for the completion of extradition proceedings had lapsed and highlighted relevant European case law.
Mr Justice Bugeja granted bail on condition that Spiteri would not approach in any manner, not even indirectly or through digital means, any witnesses of the Italian prosecution.
He was also ordered to deposit any passport or travel documents in court, not to go within 50 metres of the shore, airport or any maritime port, to sign the bail book daily and under a curfew between 11:00pm and 6:00am.
The court also imposed a deposit of €20,000 and a personal guarantee of €30,000.
The case continues.
Lawyers Franco Debono, Charles Mercieca and Francesca Zarb are defence counsel. AG lawyer Ylenia Abela is prosecuting.