Man facing extradition re-arrested
The Criminal Court has ordered the re-arrest of a man who is wanted in Italy for human trafficking. On Friday Magistrate Joseph Apap Bologna had ruled for the extradition of Emanuel Borg but ordered that the extradition should be postponed until Mr...
The Criminal Court has ordered the re-arrest of a man who is wanted in Italy for human trafficking.
On Friday Magistrate Joseph Apap Bologna had ruled for the extradition of Emanuel Borg but ordered that the extradition should be postponed until Mr Borg's pending court case in Malta was concluded.
In the same ruling the magistrate granted Mr Borg bail on condition he signed daily at his local police station and stayed 100 metres away from any shore, among other conditions. He was further bound by a Lm5,000 deposit.
The Attorney General then filed an application, in the Criminal Court, requesting that bail be revoked.
Chief Justice Vincent De Gaetano noted that the Magistrates' Court as a court of committal had ruled in favour of Mr Borg's extradition and was therefore - according to the law - obliged to order that he be held in custody until he was sent to Italy.
This applied even though the extradition was postponed. The judge noted that the magistrate could have never ordered that Mr Borg be held in custody then, in the same judgment, grant him bail.
He went on to add that this did not necessarily mean that Mr Borg could never be granted bail. Although his pending Maltese case was to be hastened, if it was not Mr Borg could be granted bail.
The issue was that the magistrate could have never ordered the extradition - which came with an order to hold Mr Borg in custody - and grant him bail contemporarily.
For this reason the judge upheld the Attorney General's request and ordered Mr Borg's re-arrest.
Police Inspectors Sandro Zarb and Noel Cutajar prosecuted with the assistance of Donatella Frendo Dimech from the Attorney General's office.
Lawyer Joseph Giglio represented Mr Borg.