Meli extradition: Prosecution request for pen drive containing malware to be analysed turned down

The court has rejected a prosecution request to have an expert analyse a pen drive containing malware as part of proceedings against Daniel Meli.

The ruling was delivered in proceedings on Wednesday in the case where 28-year-old Daniel Joe Meli is fighting extradition to the United States over the alleged sale of computer malware on the dark web.

The court declared that the the pen drive, which had been sent to Maltese authorities by the US’s FBI  is to be declared inadmissable.

During the previous sitting, the prosecution had declared that new evidence against Meli had come to light.

Previously, Meli was also granted bail by the court after it took into consideration the fact that Meli's devices had been seized and after his parents offered to act as third party guarantors.

Attorney General Lawyer Daphne Baldacchino presented several documentation to the court, including the particular pen drive which had been sent over by the American authorities. Baldacchino told the court that the pen drive contained certain malware which incriminated Meli and requested that an expert be appointed to analyse its contents.

The defence strongly objected to the request, and requested the exclusion of the evidence, arguing that the prosecution was meant to present such evidence during the previous proceedings before Magistrate Lara Lanfranco and Magistrate Donatella Frendo Dimech.

Both magistrates had previously ordered that all evidence compiled during their proceedings were not to be presented during the proceedings before Magistrate Leonard Caruana.

In its objection, the defence also reminded the court that experts Martin Bajada and Keith Cutajar were appointed by the above mentioned magistrates in order to assist with the ongoing investigations at the time, and were not allowed to testify during the separate proceedings presided over by Magistrate Caruana.

Therefore, the court, ordered that the pen drive and all other documentation presented by the prosecution be declared inadmissible.

AG lawyers Sean Xerri de Caro and Daphne Baldacchino prosecuted, assisted by Superintendent Mario Cuschieri and Inspector Robinson Mifsud.

Lawyers Arthur Azzopardi, Franco Debono and Marion Camilleri assisted Meli.