Malware sold on dark web by Daniel Meli exhibited in court

A USB stick containing malicious software Daniel Joe Meli allegedly sold on the dark web has been presented in court as evidence in his extradition proceedings.

The new evidence was introduced by the prosecution as Meli’s fight against his extradition to the United States is still ongoing. He is being charged with illegal online activities on the dark web which occurred between December 2012 and June 2022.

After initially consenting to extradition to the US, he had appealed, claiming he was not of sound mind. A newly amended law prompted a rehearing, which resulted in Meli being remanded in custody.

On Monday morning, the prosecution requested an additional sitting in order to present new evidence in the case. This request was granted by Magistrate Leonard Caruana.

Magistrate Leonard Caruana was set to issue a final decision on Meli’s extradition, however following this request, more evidence is expected to be presented in a separate hearing against Meli.

During the sitting, Maria Baldacchino Bonnici who was representing the Foreign Affairs Ministry, presented a confidential file containing original copies of FBI requests for Meli’s extradition.

The first request was dated 7 March, followed by another on 10 March, in which the FBI reiterated its demand for Meli to stand trial in the US, the court heard.

Bonnici stated that the documents were for the court’s review only and explained that she had been instructed by the Permanent Secretary to withhold the documents from the defence.

However, Magistrate Leonard Caruana disagreed and ruled that they must also be shared with the defence.

Following this, the Permanent Secretary was contacted by the witness and Maria Baldacchino Bonnici was told to share the documents with all parties.

Attorney General lawyer Daphne Baldacchino also submitted various documents, including the USB stick received from the FBI.

The court heard that the USB contained malware used by Meli and other crucial information relevant to the case.

Defence lawyer Arthur Azzopardi objected to the introduction of these documents. He argued they required prior approval from Magistrates Lara Lanfranco and Magistrate Donatella Frendo Dimech.

He pointed out that the two magistrates had already ruled that any evidence collected under their orders could not be used in the ongoing extradition case before Magistrate Caruana.

Azzopardi further argued that court experts Martin Bajada and Keith Cutajar had been prevented from testifying due to the same ruling.

He also requested the rejection of the new evidence on the basis that it was inappropriate to be introduced at such a late stage in the case. However, the prosecution disagreed and requested the court to appoint an expert to access the USB’s contents.

In the coming days, Magistrate Caruana is expected to rule on the admissibility of the new evidence.

The prosecution was led by Superintendent Mario Cushieri, Inspector Robinson Mifsud, and AG lawyers Daphne Baldacchino and Sean Scerri De Caro.

Defence lawyers Franco Debono and Arthur Azzopardi represented Meli.