California court jails Maltese man for 36 years

A man from Ħamrun, who had been extradited to the US to face charges of defiling a minor over a period of two years, was jailed for 36 years after being found guilty of six of the 20 charges brought against him.

Lewis Muscat, 57, was wanted in California in connection with the defilement of a girl when she was aged between nine and 11.

He was found guilty on four counts of committing lewd or lascivious acts with a child under 14 years of age and two counts of using force when committing the acts.

He had pleaded no contest and was sentenced on January 17. The no contest plea, while not technically a guilty plea, has the same immediate effect as a confession and is often offered as part of a plea bargain.

The other 14 charges, including the possession of obscene matter of a minor in a sexual act, were dismissed through a plea bargain reached with the District Attorney's Office in California.

The offences took place between June 2003 and November 2005.

Speaking to The Times, Detective Kevin Givens, from the Sacramento County Sheriff's Department, said Mr Muscat risked spending 100 years in prison had he not accepted the plea bargain.

Mr Muscat, who lived in the US for 40 years, had been fighting the request for extradition since he was first arraigned in March 2006.

Magistrate Joseph Apap Bologna ordered Mr Muscat's extradition on August 4, 2006, concluding that Mr Muscat "has a clear case to answer in the court of the requesting state".

Mr Muscat then filed an appeal in the Criminal Court asking that his case be referred to a court of constitutional jurisdiction. He argued that his extradition would lead to a breach of his constitutional rights because, if he were sent to the US, he would be subject to torture and inhuman or degrading treatment.

He added that he suffered from mental health problems and was not fit to withstand extradition. The court heard a psychiatrist conclude that Mr Muscat had "normal mental capabilities, like any ordinary man, and is fit to stand trial". The Court of Criminal Appeal, presided over by Chief Justice Vincent De Gaetano, dismissed Mr Muscat's appeal in April last year and ordered that he be remanded in custody pending his return to the US to face charges.

In an effort to make the extradition proceedings smoother, California Governor Arnold Schwarzenegger signed a declaration to the courts, guaranteeing that the man would not be subject to cruelty while in the Californian state prison.

The declaration was exhibited in court by Senior Counsel to the Republic Donatella Frendo Dimech and Cynthia Scerri Debono together with Police Inspectors Raymond Aquilina and Noel Cutajar during the lengthy constitutional proceedings initiated by Mr Muscat. Lawyer Chris Soler and legal procurator Noel Bianco represented Mr Muscat.