Call for extradition case to be declared null

The defence lawyer of a Maltese man wanted by Italian authorities for his alleged involvement in the importation of drugs yesterday asked a court to declare the extradition proceedings against his client null on the grounds that the judicial time limit had elapsed and the court had not requested an extension.

Romeo Bone, 26, is wanted by the Italian government for his alleged involvement in the importation of cocaine and cannabis from Holland to Catania last year.

Dr Joseph Giglio explained that the extradition proceedings against his client had started on November 20, 2002, which meant that the judicial time limit prescribed by law had elapsed on January 20, 2003.

He said the proceedings documents did not show the court had asked for an extension of the judicial time limit as was required by law and, consequently, the proceedings were to be declared null.

Following this, the lawyer added, Bone was to be released from arrest since all the reasons justifying his arrest were made null with the proceedings.

The lawyer went on to argue before presiding Magistrate Joseph Cassar that if the court concluded there were no grounds for the proceedings to be declared null, then it should consider the application of article 10 (2) of the Extradition Act which laid down that: "A person accused of an offence shall not be returned under this Act to any country, or committed to or kept in custody for the purpose of such return, if it appears as aforesaid that if charged with that offence in Malta he would be entitled to be acquitted under any rule of law relating to previous acquittal or conviction".

Dr Giglio explained that his client was currently undergoing separate court proceedings, together with another 18 people, in which he was charged with committing an act in Malta or in a foreign country that breached Maltese law or the law of that foreign country.

That charge, he added, was identical to the one Bone was wanted for in Italy in substance, time and import, and for that reason Article 10 (2) applied.

But Dr Donatella Frendo Dimech, prosecuting, rebutted, saying Dr Giglio's reference to the nullity of the case did not necessarily apply.

She said that, in any case, the law laid down that the issue of nullity could only be raised once the bill of indictment had been read out in court and in this case there was no bill.

Regarding the article quoted by Dr Giglio, Dr Frendo Dimech said this did not apply since Bone had never been, and could never be, charged with importing drugs from Holland to Italy in the Maltese law courts.

Therefore, she said, the charges brought against Bone in Malta were not the same as the ones brought against him by the Italian authorities.

A ruling is expected this morning.

Police Inspector Harrison and Police Inspector Norbert Ciappara are prosecuting with the assistance of Dr Frendo Dimech, Counsel to the Republic.