Gozitan mother, son to be extradited to Northern Ireland as court rejects mental health concerns

Two Gozitans have been ordered to surrender to UK judicial authorities after their extradition appeal was turned down, with the court dismissing claims of mental health risks in prison.

Liam Kieran Schembri McElhatton, and his mother, Stephanie Bernardine Rita Josephine Schembri McElhatton, will be extradited to the United Kingdom to face several charges, including assault.

The 27-year-old man, from Rabat (Gozo), is wanted by authorities in Belfast in connection to six offences of assault causing bodily harm, and two offences of rape, while the 58-year-old woman faces a total of six offences, namely three counts relating to cruelty of persons under 16, and three counts of assault causing bodily harm.

Both were arraigned on 31 January 2025 in Malta, on the strength of an arrest warrant issued by the Belfast Magistrates’ Court.

The grievances raised by both the mother and her son are similar in nature. In both appeals lodged, they primarily argued that the ill-treatment and abuse suffered in poor prison conditions in Belfat is in breach of Article 3 of the European Convention of Human Rights.

However, the court immediately rejected this argument, on the grounds that the appellants did not provide adequate evidence proving beyond reasonable doubt that harm ensues in this regard.

A medical expert diagnosed Luke Schembri McElhatton with post-traumatic stress disorder. In view of this, the defence argued that the prisons in Belfast are unfit to provide the required treatment for this condition.

But after hearing the evidence, Judge Natasha Galea Sciberras considered that the three prisons—Maghaberry, Magilligan, and Hydebank Wood College–provide ample psychological services that the appellant requires.

“There is no evidence suggesting that the general situation in Northern Ireland is such that there is a real risk that the fundamental rights of the requested person will be breached,” the court said.

The Court of Criminal Appeal also rejected the appellants’ pleas of jurisdiction and that the 60-day period for extradition requests had been exceeded, noting that the attorney general informed authorities for the delay, reason being the extensive psychiatric evaluations “took some of the time dedicated to this court”.

Nonetheless, the court rejected the grievances raised by both the appellants.