German absconds to Malta on eve of child porn trial in USA
United States files extradition request, defendant says he will not guaranteed fair trial in California.
Having discarded his tracking device three days prior to facing a trial by jury in California, German national Reuben Lee Rudtke thought his ordeal was over but an extradition request has been filed for his capture in Malta.
Magistrate Neville Camilleri heard how Rudtke was arrested in October 2011 and faced charges of possession and distribution of child pornography. An American court had granted him bail awaiting a trial by jury.
Three days prior to the start of the jury, on 6 April, the accused discarded his tracking device and absconded. Together with his wife he travelled to Germany and arrived in May 2012.
Maltese police officers tracked the accused to his residence in Mosta and proceeded for his arrest after the American authorities filed a request for his extradition. The accused had a Maltese ID card, however the address appearing on this document was not were he was in fact residing.
Deputy Attorney General Donatella Frendo Dimech explained that the authority to proceed and other supporting documentation have not yet been received, but the Maltese authorities have a time frame of 40 days from the arrest to present these documents.
She presented as evidence the extradition treaty between America and Malta together with the transposition which applies this treaty in Maltese law. Dr Frendo Dimech told the court that the accused alleged that he will not receive a fair trial if the request for extradition is upheld.
The defence demanded bail for the accused on the grounds that Rudtke is here with his wife and parents and that all his online accounts point to his residence in Malta. However, the prosecution objected highlighting the fact that the accused had already absconded once and all online content is registered in his wife's name.
Magistrate Camilleri stated that the he will decided about the bail behind closed doors and postponed the case for Thursday 30 May.
Police inspector Melvin Camilleri and Deputy AG Donatella Frendo Dimech prosecuted. Lawyers Abigail Bugeja and Lucio Schriha appeared for the accused.