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maltatoday, WEDNESDAY, 28 DECEMBER 2016 News 6 Chilean fighting extradition on fraud charges released on bail MATTHEW AGIUS CHILEAN businessman Al- berto Chang Rajii, who is want- ed in his home country to face fraud charges, has been released from arrest after stumping up €100,000 in bail money. Reports that he had been re- leased from custody in the past two hours have been confirmed by multiple sources. Chang Rajii was been in police custody since he was arrested earlier this month, having been unable to pay his €100,000 bail deposit due to administrative limitations. Extradition proceedings against the businessman con- tinued today before magistrate Aaron Bugeja. During today's court sitting, Chang Rajii's defence law yer Stefano Filletti slammed pub- lic prosecutors for objecting to his client's request to access his laptop and the data it contained, suggesting they were giving pref- erential treatment to the Chilean authorities. Conflict of interest in Chilean supreme court suggested The defence argued that the Supreme Court judge who or- dered the man's extradition had a personal interest in doing so. Filletti argued that according to Chilean media reports, Judge Carlos Gajardos Galdabez, who had dismissed a legal challenge to the extradition, also had a personal interest in Chang Ra- jii's extradition because his partner and her family had lost a substantial investment in the collapse of Chang Rajii's Grupo Arcano. "The same judge had refused to recuse himself, saying that he wanted Chang to come to Chile," Filletti pointed out. "I find it strange that the Chilean prosecutor has sent us three feet of documents but this particular application and decree is miss- ing, as then it gives rise to doubts as to who is giving this informa- tion." Galdabez's refusal facilitated the extradition, the court was told. "Whether or not the judge was removed was not part of the extradition," the Attorney Gen- eral's law yer Vincienne Vella argued, while promising to look into the matter. Meanwhile, Alberto Chang Rajii's mother and alleged ac- complice, Veronica Rajii, is out on bail after being charged with fraud and violation of banking law in Chile. Chang Rajii's defence law yers Stefano Filletti and Stephen Tonna Lowell pointed out that fraud was included as a predicate offence for the offence of money laundering only in 2015 in Chile. Chang Rajii not allowed to access his laptop Chang Rajii's defence also re- quested that the court allow him to use his laptop, which is still in his Sliema apartment, because it contained information that was important to the defence. Prison regulations prohibit him from using it there. Magistrate Bugeja observed that it was a very delicate issue because on the one hand the court could not deny the re- quested person's right to prepare a proper defence. The issue re- lating to the computer and other data could be an issue of concern to the prison regulations on the other hand. The prosecution formally ob- jected to this request due to the possibility of him tamper- ing with data, explaining to the court that it had not been seized because the Chilean authorities had not requested an examina- tion of Chang Rajii's computer, nor had they replied to Malta's requests for clarification as to whether they wanted one. The magistrate, himself a for- mer prosecutor, remarked that it was unusual for the Chilean authorities not to have made the request. Shooting down the argument as "preposterous", Filletti said the request for the seizure of Chang Rajii's data "beggars be- lief " and "smacks of collusion," as it would be the perfect way to silence the accused. "That at this stage there is a blanket prohibi- tion on the accused accessing his laptop, given that he was grant- ed bail and deemed suitable for bail, is not acceptable." It was a malicious request, Filletti said, arguing that any seizure of the laptop would be intended to prevent the prepara- tion of a robust defence. The case continues in January. Law yer Vincenne Vella ap- peared for the office of the At- torney General. Law yers Stefano Filletti and Stephen Tonna Low- ell are defence counsel. Inspec- tor Christopher Galea Scannura also prosecuted. Alberto Chang Rajii's lawyer demanded access to the accused's laptop for data that could be used for his defence No agreement on boycott proposal CONTINUES FROM PAGE 1 De- spite Camilleri's protestations to the PM, the changes were not retracted and this led to the Chief Justice convening all members of the judiciary. MaltaToday is informed that during the meeting Camilleri proposed a boycott of all of- ficial events unless changes to the order of precedence are re- tracted. However, no consensus was reached within the members of the judiciary, whose compo- sition is now more politically balanced following the nomi- nations made by the current administration – many new appointments include former active members of the Labour Party executive or candidates. In a last ditch attempt, Camilleri sent a letter to Presi- dent Marie Louise Coleiro Preca in which he asked for a separate appointment for the customary New Year's greet- ings which were this year held yesterday. Yet it seems that this demand was rebutted as Camilleri and other members of the judiciary exchanged greetings with the President yesterday afternoon together with other dignitaries. The changes were announced in November after the Prime Minister tabled the document with the changed order of prec- edence following a Parliamen- tary Question by Labour MP Etienne Grech. The Chief Justice who previ- ously came above the Speaker is now in fifth place. In the list which is often used as a guide during very formal and state occasions, the head of the judiciary is followed by ministers, junior ministers, the leader of the opposition, former presidents and prime minis- ters, foreign ambassadors and the Gozo bishop. Historically, the order of precedence had a more wide- spread use, especially in court and aristocratic life. Nowa- days, the position in the order of precedence is not ref lective of the Constitutional powers bestowed to the position but rather an indication of ceremo- nial or historical relevance; for instance, it may dictate where dignitaries are seated at formal dinners. For example, in Italy the Prime Minister is below the Speakers of the Senate and the lower house, while in Germany the Chancellor comes one place behind the Speaker of the Bun- destag. Former Attorney General In March, Camilleri failed an oral examination for his bid to become Malta's second judge in the General Court of the Euro- pean Court of Justice, in Lux- embourg. Camilleri was nominated to serve as Malta's second judge to the EU General Court, after being selected by an evalua- tion board but after filing the screening process to sit on the General Court, which used to be known as the Court of First Instance in the European Court of Justice, he returned to serve as Chief Justice. Camilleri was selected after having applied for the post of to the General Court, His de- parture would have opened up a crucial vacancy for Malta's judiciary – a sensitive post for any government. Camilleri, a former attorney general, was appointed chief justice in 2010 after Vincent de Gaetano was nominated to the European Court of Human Rights. He was an 'outsider' candidate catapulted to the top post without having been a member of the judiciary. Camilleri who turned 63 in April, is two years away from official retirement as chief jus- tice. He might still be a pos- sible candidate for successor of Malta's sitting judge in the EU's court of justice, Anthony Borg Barthet, who is expected to step down in 2018. Order of precedence 1. President of Malta 2. Prime Minister 3. Speaker of the House 4. Archbishop of Malta 5. Chief Justice 6. Ministers 7. Parliamentary Secretaries 8. Leader of the Opposition 9. Former Presidents, Former Prime Ministers 10. Diplomatic Corps 11. Bishop of Gozo 12. Principal Permanent Secretary 13. Judges 14. Attorney General 15. Deputy Speaker 16. MPs 17. Former archbishops, chief justices, Speakers 18. Magistrates 19. Permanent secretaries, Police Commissioner, Commander AFM 20. Auditor General and Ombudsman