Two Australians wanted in Poland over pyramid scheme fraud granted bail by Maltese judge

Australian couple, Celia Eileen Jane Dunlop and Timothy Alan Mackay, both 64, have been granted bail by a Maltese court as they appealed a Polish extradition request.

The two individuals, who have been resident in Malta for more than 10 years, are wanted in Poland over fraud-related charges.

Poland issued a European Arrest Warrant on 31 December 2024 and requested the two be returned to Poland to face criminal proceedings.

They are being accused in Poland of taking part in a criminal organisation and using a pyramid selling scheme to defraud individuals. The two allegedly defrauded approximately 432 people to the tune of €238,603.

In February, after the EAW was issued, Magistrate Leonard Caruana upheld Poland’s request and ordered the extradition of the two individuals.

However, the couple appealed the decision and their lawyer, Franco Debono, requested bail in front of the Criminal Court of Appeal. The Attorney General objected to the bail request due to the serious nature of the offences, and the limited ties the couple has with Malta, making them a flight risk.

The defence argued that extraditing the individuals to Polish authorities would mean facing potential prosecution for offences allegedly committed more than 10 years ago.

The defence also told the court that the couple do indeed have strong ties with Malta when taking into consideration that for the past decade, the couple have resided on the island and even own a multi-million property and have a valid residence permit.

Dunlop is also a shareholder in a Maltese-registered company, making it highly unlikely that she would attempt to abscond, the court also heard.

Following this, Madam Justice Edwina Grima granted bail to the individuals against a €10,000 deposit and a €40,000 personal guarantee. A number of bail conditions were imposed including a curfew and an order to sign the bail book twice daily.

Inspector Roderick Spiteri prosecuted. Lawyers Franco Debono and Adreana Zammit represented the woman and lawyers Jose Herrera and Martina Herrera represented Mackay.