Extradition proceedings declared null and void

An appeal court yesterday ruled that the extradition proceedings against Romeo Bone were null and void because the Magistrates' Court had failed to ask for an extension to the judicial time limits when these were about to lapse.

Mr Justice Joseph Galea Debono threw out the Magistrates' Court's decision finding sufficient reasons for Bone's extradition to Italy to face trial for cocaine and cannabis importation from Holland to Catania last year.

He upheld the plea of nullity filed by Bone's lawyer Dr Joseph Giglio, bringing to an end the saga which unfolded between January and March.

Dr Giglio had argued that the Magistrates' Court should have requested leave from the President to extend the judicial time limits by a month after two months had lapsed from November 20, 2002, the date of the arrest warrant.

The Magistrates' Court had admitted that the records of the inquiry had been defective at some point because the court had failed to ask for an extension to the judicial time limits.

But it ruled the defect had been eventually rectified when the charges were again read out in court and the defence exempted the prosecution from bringing its evidence afresh.

After ruling there were no obstacles to the extradition, the magistrate had sent the records of the case back to the Attorney General and informed Bone of his right to appeal to the Court of Criminal Appeal.

The appeal court yesterday overturned that ruling.

Counsel to the Republic Donatella Frendo Dimech prosecuted.