Court hears legal submissions in extradition case

A magistrate yesterday heard submissions in the extradition proceedings against a Maltese man and two Chinese who are wanted by the Italian authorities for alleged trafficking in illegal immigrants.

Magistrate Joseph Apap Bologna heard submissions in the proceedings against Carmelo Borg and Wei Wang and Lin Yi who are charged with conspiracy in human trafficking.

The magistrate first heard defence lawyer Joseph Giglio for Mr Lin argue that as his client had a pending court case, the court was to stay the extradition proceedings against him until that case was decided.

Dr Giglio also asked the magistrate to separate the proceedings against Mr Lin. The magistrate upheld the request, separated the proceedings and put off the ruling on staying the case.

Magistrate Apap Bologna then heard José Herrera and Edward Zammit Lewis, the defence team for Mr Borg, make submissions in relation to an application filed last week.

The lawyers had filed a writ in the First Hall of the Civil Court where they claimed that the subsidiary legislation in terms of which Mr Borg was arraigned precluded him from producing any evidence that might contradict the evidence brought against him by a foreign court.

They contested the validity of the law in terms of which a European arrest warrant was issued in his regard.

In the application filed before the Magistrates' Court, they asked the court to allow Mr Borg to produce his evidence in the extradition proceedings and this without prejudice to his claim that the subsidiary legislation in terms of which he had been arraigned was null and void.

Magistrate Apap Bologna heard lengthy submissions by Dr Herrera and Dr Zammit Lewis as well as by Senior Counsel to the Republic Donatella Frendo Dimech for the prosecution.

The case was put off for Thursday when the magistrate is expected to hand down a ruling.

The accused are wanted in connection with the Maundy Thursday drowning of six Chinese and Mongolian illegal immigrants some 15 miles off Sicily when they were forced off a boat that allegedly left from Malta. Ms Wei was represented by lawyer Franco Debono.