Lawyer concerned about possible new charges

A Maltese lawyer yesterday expressed surprise that a man extradited from Malta over the Yioham tragedy and subsequently acquitted of involuntary homicide in Italy was now expected to face murder charges over the same incident.

Joseph Giglio, who had defended Turab Ahmed Sheikh during the extradition proceedings, said Sheikh should not be tried for murder because the charge did not form part of the extradition proceedings.

He said he was "very concerned" about how Sheikh could be tried twice on the same facts. "If charges of involuntary homicide have not been proven, how can they prove murder," he asked.

Sheikh was extradited to Italy last October to face charges in connection with the 1996 Christmas Day incident in the Malta-Sicily channel, when 300 illegal immigrants are believed to have drowned.

The illegal immigrants were allegedly being transfered from the Honduras registered vessel Yioham to a Maltese registered launch.

When Sheikh, a Pakistani married to a Maltese, was arrested after the tragedy, he had told police he had originally planned to accompany two men on the launch to transport illegal immigrants but had then changed his mind because of bad weather.

Sheikh had released a four-page statement in which he had said he had seen the weather report on the teletext and decided not to go with the two missing men. However, he had kept radio contact via VHF but eventually lost contact.

The Times reported yesterday that Sheikh was acquitted of the charges for which he was extradited but is expected to face murder charges on July 8.

His whereabouts are currently unknown.