Two of three Maltese businessmen wanted by the Italian authorities for allegedly smuggling more than 18,000 kilograms of cigarettes had extradition proceedings initiated against them for a second time yesterday.

Last November, Mr Justice Antonio Mizzi overturned a decision by Magistrate Aaron Bugeja, who ordered that Michael Spiteri and Francis Galea be extradited over allegations they were connected to the contraband from Genoa.

The judge ruled that Italy had not satisfied the local extradition requirement of actually accusing someone of a crime. The men were still being investigated.

In his judgment, he said that although the investigation phase in the Italian procedural system was considered part of the judicial process, it could last up to two years before a person was actually charged with a crime.

In Malta’s case, an arrested person is to be brought before a court within 48 hours but in Italy a person could spend up to two years under arrest, with the risk of being freed without charge at the end of the investigation, the judge said.

Malta’s judicial system was different to Italy’s, the judge noted, as he drew a comparison to the extradition of Australian national and Wikileaks founder Julian Assange, who was wanted by the Swedish authorities.

In that case the British had acceded to the Swedish request because there was a guarantee that Mr Assange would be swiftly brought to trial.

During proceedings yesterday, Deputy Attorney General Donnatella Frendo Dimech said that following the judgment handed down by Mr Justice Mizzi, the Italian counterparts re-issued a European Arrest Warrant for Mr Galea and Mr Spiteri.

The request was specifically to arrest them to be prosecuted.

Defence lawyer Dominic Micallef requested bail, saying the Italian authorities had given the men 30 days to find a lawyer to represent them in Italy, so they came back to Malta to do that through their Maltese legal representatives. He insisted they had not escaped justice and were doing exactly what they were supposed to do.

Dr Frendo Dimech objected to bail being granted on the grounds that there would have to be extraordinary circumstances for wanted people not to be sent following an extradition request.

Magistrate Neville Camilleri refused bail and the men were remanded in custody.