Attempt to press fresh charges against Patrick Spiteri 'could cause diplomatic incident'

An attempt to charge ex-lawyer Patrick Spiteri with VAT offences breaches the rule of speciality and could cause a diplomatic incident as these are not mentioned in the European Arrest Warrant (EAW) that returned him to Malta, his lawyer has warned.

Spiteri, who was extradited to Malta from England in May to face charges of fraud and misappropriation that total some €7.4 million has been held in custody since May, despite a number of requests for his release from arrest being filed in proceedings before several courts.

Although health grounds were the primary justification for his bail requests, other reasons given included the argument that he was unable to physically access the hundreds of boxes of documents he claims to need for his defence, part of which were being held in court and another part being held in a Guardamangia property that had been seized by HSBC.

That case is due to continue in early December.

This morning, defence lawyer Stefano Filletti told magistrate Doreen Clarke, presiding a case filed by the VAT department, that his client could not be made to face the accusations due to restrictions in the EAW.

EAWs are highly restricted in their scope, allowing persons to be extradited between European countries to face legal proceedings only for the specific purpose laid out in them. As Spiteri was extradited to face a particular set of fraud and misappropriation charges, were he to suddenly find himself facing other charges over unconnected offences once in Malta, this would create a dangerous precedent that could undermine the entire pan-European EAW system, which is based on mutual trust between jurisdictions, argue his lawyers.

The court adjourned the hearing and will deliver a decision on the objections raised by the defence at a later date.