Appeals’ court overturns extradition of Maltese men wanted by Italy

The Court of Criminal Appeal has overturned a decision by the Magistrates' Court to extradite three Maltese nationals to Italy, on the basis that the request by the Italian authorities did not satisfy the requirement that the three had been actually accused in Italy, but still the subject of an investigation.

Lawyers Joseph Giglio, Stephen Tonna Lowell and Franco Debono assisted Philip Mifsud, Michael Spiteri and Francis Galea in proceedings further to a request by the Italian state to have them sent over to Italy, in connection with allegations that they were involved in the contraband of 18,250kg of cigarettes in Genoa.

The Court of Criminal Appeal said that although the investigation phase in the Italian procedural system was considered to be part of the judicial process according to Italian procedural law, this stage was still an investigative one and which could last for up to a maximum period of two years before a person is actually accused.

"While it is good to ensure that there is co-operation between European member states one ought not to forget what national laws, which lay down that an arrested person is to be brought before a Court within 48 hours of his arrest, say," the lawyers said.

The Court also referred to the extradition of Australian national and Wikileaks founder Julian Assange, who was wanted by the Swedish authorities. In this case the Swedish request was acceded to because there was a guarantee that Assange would be swiftly brought to trial. No such assuarances emanated from the current stage of the proceedings in Italy on the three Maltese nationals.

For these reasons the Court rejected the request of the Italian authorities at this stage.