Issue link: https://maltatoday.uberflip.com/i/1466079
NEWS 4 maltatoday | WEDNESDAY • 27 APRIL 2022 MATTHEW AGIUS A court has ruled that the con- tinued detention of Paul Attard, pending the conclusion of con- stitutional cases he had filed, is legal. Magistrate Donatella Frendo Dimech handed down her de- cision on a habeas corpus ap- plication that Attard had filed yesterday. Immediately after the magis- trate left the courtroom Attard protested loudly with the of- ficers detailed to escort him to prison. "Murderers get bail and I don't, although I did nothing, it's a conspiracy between them! I knew what the sentence would be from yesterday," he shouted. "The Inspector and AG lie under oath and then murder- ers get bail. You've broken me, you've destroyed my family!" Attard's defence lawyer Josè Herrera – the former justice minister – told reporters that the decision meant that Article 20 of the Extradition Act only applies to "normal" extradi- tions, and not in cases involving European Arrest Warrants. "It also means that the Con- stitutional Court does not have the power to decide on the le- gality of an arrest. It also means that once a European Arrest Warrant is contested by means of further proceedings, the ac- cused has to be held under ar- rest until all these proceedings are concluded." In her decision, the Court of Magistrates said that it expect- ed the other proceedings "to take place with the greatest ex- pediency." The court upheld the AG's re- quest and ordered that Attard continue to be held in preven- tive custody. Magistrate Donatella Frendo Dimech noted that in this case, the extradition order itself stip- ulates that every person under it is to be detained in custody, un- til transferred to the requesting country. This is in line with the Con- stitutional dispositions on personal freedom, noted the magistrate, dismissing Attard's habeas corpus action and order- ing that he be remanded in cus- tody, pending the conclusion of his other cases. On Thursday, the court is ex- pected to deliver a Constitu- tional ruling on one of Attard's bail requests. Paul Attard (right) flanked by his lawyer, in an interview for French TV programme Enquete Esclusive Alleged smuggler fighting Italy extradition shouts claims of 'conspiracy' in court Paul Attard, who is fighting extradition to Italy, shouts claims of "conspiracy" after court rules his continued detention in Malta is legal MATTHEW AGIUS THE compilation of evidence against Ry- an Schebmri, who was recently brought to Malta to face money laundering and fraud charges hit a snag on day one, after the accused tested positive for Covid 19 in prison. The case will continue in May, after Schembri's quarantine period ends. In the brief sitting on Tuesday, which Schembri followed from Corradino Prison via video-link, prosecuting law- yer Francesco Refalo exhibited orders issued by the Attorney General under the Investment Services Act. A prison officer exhibited a medical certificate relating to the accused, informing the court that Schembri's quarantine ends on May 2, pending a negative PCR swab. Magistrate Donatella Frendo Di- mech adjourned the case to May 11. Schembri, cousin to former chief of staff Keith Schembri, had fled the country in 2014 with a reported €40 million in debts left behind from the More Supermarkets crash. He is believed to have borrowed large sums of money from entrepreneurs, before finding he was unable to pay back the loans, originally intended for an am- bitious import-export operation. As boss of the bankrupt More super- market chain, Schembri could be con- nected to the supermarket debt that led to the murder of lawyer Carmel Chir- cop. Chircop had been one of the 'in- vestors' in the mysterious More Super- markets bust. The lawyer had loaned €750,000 to More Supermarkets in March 2014. Schembri had initially fled to Dubai, where he lived with partner Aviva Ryan. Legal sources told MaltaToday that it was initially impossible to extradite him from the UAE, due to the fact that there is no extradition treaty between the two countries. No charges were filed against him at that time. At some point after that, the couple subsequently moved to London, and later to Scotland, living under the radar. Schembri was arrested in Scotland last week. The breakthrough in the case came when UK authorities had in- formed their Maltese counterparts that Schembri had been fined for speeding there. This had led to an investigation by the Maltese police which found ev- idence showing that Schembri resided in the United Kingdom and had bank accounts, as well as a partner there. More Supermarket case adjourned after Ryan Schembri tests positive for COVID-19 in prison Ryan Schembri leaving the law court after his arraignment