A man wanted by the Lithuanian authorities over allegations of fraud is suing the Maltese government for damages after a judge refused to seek the advice of the European Court of Justice over his extradition to the Baltic state.
The case involves 44-year-old Angelo Spiteri who is a director of Vilnius-registered travel company Atostogu Sandelis. Lithuanian authorities have claimed that Mr Spiteri had authorised company employees to accept money in return for accommodation services, which in reality were never offered. The alleged fraud was committed between 2010 and 2011. If convicted, he could sentenced up to 17 years in jail.
During the extradition proceedings before a Maltese court, the defendant had requested the suspension of the case pending a preliminary ruling from the ECJ in connection with the detention conditions in Lithuanian prisons. The defence had rested its case on various Council of Europe reports, a decision by the Irish Supreme Court, and European Court of Human Rights rulings which had flagged the appalling conditions in Lithuanian prisons.
Last January, the first court presided by Magistrate Aron Bugeja rejected this request. The decision was confirmed on appeal by Judge Edwina Grima on February 17. Subsequently, the defendant initiated proceedings before a Constitutional Court.
In his application filed against the Prime Minister, the Justice Minister and the Attorney General, Mr Spiteri who is being remanded in jail, is insisting that the Judge’s refusal to seek advice from the ECJ was wrong.
The man argued that a provision within EU law which his lawyers had invoked to seek this preliminary judgment had not been applied in the correct manner, and consequently he suffered damages.
The ECJ had given a countless number of judgments whereby it stated that the Criminal Court of Appeal, as the last court of resort, was bound to seek this preliminary judgment, the defendant argued.
For this reason, Mr Spiteri is seeking damages from the State (Malta) on the grounds that the Appeals Court wrongly applied and misinterpreted this EU law provision.
The application was signed by lawyers Jason Azzopardi, Kris Busietta and Patrick Valentino as well as Prof. Ivan Sammut.