A Maltese-Australian man wanted by the Lithuanian authorities over allegations of fraud has filed constitutional proceedings requesting the court to declare Malta's Extradition Act unconstitutional.

On January 15, the Magistrates Court had ordered Angelo Spiteri, 44, to be extradited to Lithuania, a judgment which was later confirmed by the Court of Appeal. 

The accused is a director of Vilnius-registered travel company Atostogu Sandelis.

The 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, the accused had requested the suspension of the case pending a preliminary ruling from the European Court of Justice 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 Aaron Bugeja rejected this request. The decision was confirmed on appeal by Madam Justice Edwina Grima on February 17. Subsequently, the defendant initiated proceedings before a Constitutional Court.

The application filed by lawyer Jason Azzopardi notes that when the accused was first arrested in December after a European Arrest Warrant had been issued against him last summer, he was granted bail against a deposit of €5,000 and a personal guarantee of €10,000.

The court had then ordered him to be extradited to Lithuania on January 15. Despite appealing the judgment, from that moment onwards, he was remanded in custody - not because he had breached his bail conditions but simply because the Extradition Act categorically precludes him from asking for bail, the application argues. The law moreover stipulates that in the event that bail had been granted, it had to be immediately revoked.

The accused is therefore asking the court for release him from custody pending the constitutional proceedings as well as to declare Malta's Extradition Act to be in violation of the European Convention on Human Rights.

The application was signed by lawyers Jason Azzopardi, Kris Busietta, Eve Borg Costanzi and Patrick Valentino.