Czech man who claimed abduction in Gozo loses appeal against extradition

A man wanted in the Czech Republic to serve a five-year sentence for VAT-related offences loses his appeal against extradition but may serve his sentence in Malta

The court says that if no agreement is reached between the Czech and Maltese authorities on where the man should serve jail time, the should be extradited back to Czechia
The court says that if no agreement is reached between the Czech and Maltese authorities on where the man should serve jail time, the should be extradited back to Czechia

A Czech man who claimed to have been abducted in Gozo and forced to sign incriminating documents when he was arrested on a European Arrest Warrant (EAW) in January 2018 has lost an appeal against his extradition.

However, he may yet serve his sentence in Malta.

Marek Drga is wanted by the Czech authorities to serve a five-year sentence for engaging in a fraudulent VAT carousel in March and May 2011, after allegedly having acquired electrical equipment from Slovakia VAT-free, and then claiming VAT in the Czech Republic.

He denied the charges but is resisting repatriation after allegedly being subjected to police intimidation linked to a former business partner in the Czech Republic.

Drga had challenged the EAW, issued by the Czech authorities, in the Magistrates Court but the case was decided against him. He subsequently filed an appeal and was released on bail in 2019.

In the appeal, Drga’s lawyer, Roberto Montalto had argued that the Court of Magistrates had based its decision on an article of the law which required the man to be “unlawfully at large,” whilst the man had been released from arrest in the Czech Republic pending sentencing and had, in fact, travelled to Malta.

The Attorney General had argued that the phrase “unlawfully at large” had to be taken in context and meant that the man was simply absent from his country. While it was true that he was free to leave the country, once the sentence was handed down and he was absent it meant he was unlawfully at large, the court had been told.

Mr Justice Aaron Bugeja noted that the phrase “unlawfully at large” was not defined in Maltese law, and so the court had to refer to the law it was based on for a definition – in this case, English law. The judge noted that the UK Extradition Act provided that where a person already sentenced and yet to serve his sentence in full, an EAW may be issued to have the person serve the remaining portion of the sentence.

Consequently, the court dismissed Drga’s appeal and confirmed the decision of the Court of Magistrates to order his surrender to the judicial authorities of the Czech Republic.

However, given the ongoing engagement between the Czech authorities and the Attorney General with respect to his request to serve his sentence in Malta, which is still being assessed, the court ordered that the man’s return be postponed until the determination of the request.

But the court would not allow the state of limbo to persist unnecessarily, stating that if no agreement is reached, the appellant is to be surrendered to the Czech authorities.

Lawyer Etienne Savona appeared for the Attorney General’s Office. Lawyer Roberto Montalto was counsel to Drga.