Man wanted in Italy granted bail

Phillip Mifsud, 59, a man wanted in Italy over the smuggling of cigarettes, was granted bail when the court heard that since Italy re-issued a European Arrest Warrant against him in December last year, the man did nothing to escape justice.

Magistrate Audrey Demicoli heard how in October 2013, the judicial authorities of Genoa issued a European Arrest Warrant for three Maltese men in connection with an investigation related to the smuggling of 18,250 kilos of contraband cigarettes in Genoa.

Magistrate Aaron Bugeja ordered the extradition of Francis Galea, Philip Mifsud and Michael Spiteri, but each filed an appeal.

On 25 November, the Court of Criminal Appeal, presided by Mr Justice Antonio Mizzi, refused the surrender of the three Maltese men, ruling they had not been formally charged by Italy, but were merely being investigated.

This did not satisfy the requirement that a wanted person must be facing criminal charges.

However the following day, by means of a simple Legal Notice, the government amended the Extradition Law to read that a person can be surrendered when wanted “for the purposes of continuity of criminal prosecution for the commission of an offence specified in the warrant”.

In Italy, the investigation phase is considered part of the judicial process and can last for up to two years before a person is actually accused. But a person arrested in Malta has to be arraigned within 48 hours or be released.

The legal notice, therefore, amplifies the meaning of the words, ‘waned person’ and ‘the accused’, to include those who could be arraigned following extradition.

Presumably aware of the amendment in law, the Italian authorities issued a new European Arrest Warrant on 10 December 2013.

“When apprehended in Floriana, Mifsud was presented with a copy of the extradition warrant in English and a printed version of his rights in the Maltese language. He was aware of the EAW issued against him as he has ongoing proceedings in Genoa, charges he is contesting.

“His next sitting in Italy is in June. Since his arrest was ordered by a foreign court, it would be unfitting if a local court grants him bail”, prosecuting inspector Mario Cuschieri explained to the court.

However, defence lawyer Joe Giglio argued that the serving of an EAW means that the Maltese court starts procedures to decide whether or not to surrender the requested person.

“During such proceedings, the accused has a right to be awarded bail. That right is governed by the Maltese laws. Mifsud has been aware that there was a new EAW against him for the past five months.

“Yet, not only he did not do anything to escape the long arm of the law, but I personally communicated with the office of the Attorney General about the execution of the warrant," the defence said.

While the prosecution argued that there were issues with tracing Mifsud, the defence recalled an instant when the prosecuting inspector and the accused had been on the same flight. But Inspector Cuschieri claimed he had not recognised the accused.

The defence reiterated there was no valid reason for the accused to be denied bail. “His family and his business is in Malta, he was already granted bail in previous proceedings and always abided by the conditions handed down by the court”, Dr Joe Giglio argued.

Magistrate Audrey Demicoli granted bail against a deposit of €2,000 and a personal guarantee of €4,000.

Lawyers Joe Giglio and Stephen Tonna Lowell appeared for Mifsud.