Within 24 hours of a court decision halting a Maltese man from being extradited to Italy, the law was changed to allow a second attempt, a magistrate was told yesterday.

Criminal defence lawyer Joe Giglio yesterday complained at how quickly the Extradition Act was amended.

He made the argument during a second set of extradition proceedings against his client, Philip Mifsud, who is wanted by the Italian authorities for allegedly smuggling more than 18,000 kilograms of cigarettes into the country.

Dr Giglio told Magistrate Audrey Demicoli that Mr Justice Antonio Mizzi ruled on November 25 that Italy had not satisfied the local extradition requirement of officially accusing someone of a crime, as Mr Mifsud was still being investigated at the time.

The next day a legal notice was issued amending the Extradition Act and more specifically widening the definition of a wanted person to include people under investigation.

“Italy – perhaps conscious of the amendments – moved to issue a second request,” Dr Giglio said.

Mr Mifsud was brought to court under arrest for the fresh request to be considered.

In pleas on bail, Dr Giglio said that his client was aware of the extradition proceedings and had legal representation in Italy. He added that Mr Mifsud had always obeyed bail conditions.

Police Inspector Mario Cuschieri objected to bail, arguing that once a member state had requested the arrest of someone then it did not make sense to release that person.

Magistrate Demicoli bailed Mr Mifsud against a deposit of €2,000 and a €4,000 personal guarantee.

Lawyer Stephen Tonna Lowell also appeared for Mr Mifsud.

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