Sect leader loses yet another legal challenge to extradition

French sect leader Alain Schmitt, who has an extradition order hanging over his head, is set to stay in Malta for the foreseeable future to appeal his constitutional case after yet another failed attempt at getting the courts to lift the order.

Mr Schmitt, 49, and his 47-year-old girlfriend, Laurence Liegeois, have fought tooth and nail against a warrant for their arrest issued by the French authorities after being convicted of kidnapping and extortion in France.

In fact, Ms Liegeois is in a French prison serving a 15-month term after giving up her legal struggle, saying she missed her eight-year-old son too much.

The Magistrates' Court ordered Mr Schmitt's extradition in February. But he appealed and lost. He then filed a constitutional case claiming a breach of human rights. Among many other claims, he says the police used inordinate force when he was arrested and that he was not properly treated at Mt Carmel Hospital while in custody.

His defence lawyer, Emmy Bezzina, has now exhausted practically all legal remedies possible in Malta. However, he still has the right to appeal the constitutional case and, if that failed, he could appear before three judges and have the case heard again, he said yesterday. And if all else failed, he would take the case to the Court of Human Rights in Strasbourg.

Mr Justice Tonio Mallia ruled yesterday that Mr Schmitt's preventive arrest was justified, his arrest warrant was also valid and the extradition proceedings were valid and regular. The lawfulness of the extradition had been established and his detention was valid.

The court pointed out that its role was limited, in terms of law, to examining whether any alleged violation of Mr Schmitt's human rights could lead to the variation or annulment of the extradition order. If such alleged violation could possibly be proven but would not have an effect on the extradition order, then the court did not have to examine the allegations. Mr Schmitt would still have the right to request an appropriate remedy for the breach but this would be independent of the implementation of the order.

Mr Justice Mallia declared that the court did not have to investigate Mr Schmitt's allegations of mistreatment while under arrest or lack of medical attention and contact visits. Even if these allegations were found to be true they would not justify the revocation of the extradition order.

Mr Schmitt, who is 98 per cent blind, has been held in preventive arrest at Mount Carmel Hospital since the beginning of the proceedings in early January.

Lawyer Donatella Frendo Dimech, head of the international cooperation unit at the Attorney Generals' Office, prosecuted together with senior counsel Marvic Sciberras Abdilla.