A man wanted in Italy to face prosecution over his suspected involvement in a drug trafficking ring, has been granted bail for the third time in a row after claiming his rights would be breached if he is extradited.

John Spiteri, a 56-year-old Qrendi man at the centre of a complex extradition saga, was released from pre-trial arrest by the Court of Criminal Appeal upon various considerations, including the fact that he was still presumed innocent at this stage.

The man was first arrested 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.

Mr Justice Aaron Bugeja, who earlier this month had green-lighted Spiteri’s extradition, clearly outlined the distinction between Maltese law and proceedings under foreign jurisdictions as far as extradition cases were concerned.

Under the Maltese legal system when a person targeted by extradition raises a “fundamental rights defence,” that issue falls within the competence of the constitutional courts, he explained this week.

Under various foreign jurisdictions, such a matter is decided by the same court presiding over the extradition proceedings. 

This meant that under the local system, given their complex nature, extradition proceedings may drag on well beyond the mandatory time limits within which they are to be concluded and in spite of efficient handling by the courts.

Such was the “factual and legal scenario” against which the court had to decide upon Spiteri’s bail request, said Mr Justice Bugeja.

When Spiteri’s extradition was confirmed at appeal stage, his lawyers filed proceedings before the First Hall, Civil Court in its constitutional jurisdiction claiming that the applicant would be subjected to inhuman and degrading treatment if extradited to Italy.

The Italian authorities’ extradition request was initially turned down by a Magistrates’ Court on the basis that important paperwork had not been filed by the prosecution. 

That decision was quashed on appeal and the case was sent back before the Magistrate who subsequently green-lit Spiteri’s extradition in August. 

He was immediately rearrested, but was later again released on bail while his lawyers battled the case before the Court of Criminal Appeal.

Spiteri was again re-arrested following that court’s decision which confirmed the judgment of the Magistrates’ Court and ordered the extradition to go ahead unless a breach of rights claim was filed. 

On that occasion, the appeals court observed that serious human rights issues flagged by Spiteri’s defence were to be considered by the constitutional courts. 

Following that judgment delivered on September 20, Spiteri’s lawyers filed a claim before the constitutional courts, following it up with a fresh application for his release pending final outcome.

The application landed before Mr Justice Bugeja who observed that “pre-trial custody on remand” was allowed but only in so far as the person’s right to a fair trial was respected. 

In this case, Spiteri had not yet been judged in Italy and was still presumed innocent.

In separate proceedings concerning Paul Attard, another judge deciding a similar request, appeared to have followed the same line of thought, said Mr Justice Bugeja.

When all was considered, pending a “final decision to surrender,” Spiteri was to be released on bail under various strict conditions, said the judge.

These included attending all court hearings, depositing all travel and other official documents and not communicating in any manner with Italian prosecution witnesses. 

Spiteri was to sign the bail book daily, not approach within 50 metres of the shore, seaports or airport and abide by a curfew between 11pm and 6am.

He also had to deposit €20,000 and bind himself under a personal guarantee of €30,000 before regaining his personal freedom once again while his constitutional case continues. 

Lawyers Franco Debono, Charles Mercieca and Francesca Zarb are assisting Spiteri.