A Chilean businessman currently contesting an extradition order before the Maltese courts has remained behind bars despite coming up with the funds for his 100,000 bail.

He filed a constitutional application today, claiming a violation of his fundamental right to freedom after court officials refused his bail money, quoting money laundering rules. 

Alberto Chang-Raji is wanted in his homeland to face criminal charges for having allegedly defrauded some 100,000 investors of more than $100 million.

Earlier this month his bail was set at €100,000. He managed to get the necessary funds but was then told by court officials that sums in excess of €11,000 were not accepted according to court registry policy, since the funds might have a shady origin. 

Mr Chang-Raji requested a variation of the bail conditions but it was denied. 

An application filed before the magistrates' court claiming that his continued arrest was unlawful was also thrown out. The court concluded that the policy adopted by the court registrar was justifiable for "security reasons" and in accordance with "a reasoned interpretation of anti-money laundering rules." 

Defence lawyers today filed a constitutional application against the Director of Courts, the Director of the Criminal Courts, the Attorney General and the Minister for Justice. They claimed that his continued arrest violated Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. 

Mr Chang-Raji is arguing that the criminal court knew all along that such an amount of cash could not be deposited in court nor be converted into a bank draft since the bank would object because of money laundering regulations. 

While arguing that his continued detention breached his right to freedom,  he requested his immediate release from arrest. 

Lawyers Stefano Filletti and Stephen Tonna Lowell, together with PL Davina Sullivan signed the application.