12/01/2018

OF CRIMINAL APPEAL (INFERIOR)

GRIXTI GIOVANNI

THE POLICE vs DRGA MAREK

ECLI:MT:AKI:2018:109752

FINAL JUDGEMENT

THE POLICE vs DRGA MAREK - 532/2017 - TA' L-APPELLI KRIMINALI (INFERJURI), MALTA

EXTRADITION

Article 20 of the Extradition Act Chapter 276 of the laws of Malta clearly states that the Court mayorder the person committed to be discharged from custody if it appears to such court that: a) by reason of the trivial nature of the offence of which he is accused or was convicted; or (b) by reasonof the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or (c) because the accusation against him is not made in good faith in the interest of justice, it would, having regard to all the circumstance, be unjust or oppressive to return him.In this case the Court pointed out that it is not for this Court to decide whether or not appellant was framed and by whom. Furthermore, applicant's mere declaration that he had no faith in thejustice system of the Czech Republic does not, on its own, merit a refusal to send applicant to therequesting State on the basis that the accusation brought against him were not made in good faith and in the interests of justice. Indeed, this was more so in view of applicant's failure to show, even on a balance of probability, that the request was not made in good faith which led the Court Courtto the conclusion that it would not be unjust or oppressive to return him to the requesting State.