Maltese court rejects extradition of Daniel Joe Meli to the United States

Suspected Maltese hacker Daniel Joe Meli will not be extradited to the United States. A Maltese court ruled on Thursday morning that the evidence presented in the case was insufficient to meet the legal requirements for extradition. The ruling was delivered by Magistrate Elaine Rizzo, who presided over the Court of Committal and ordered Meli’s release from custody.

The 28-year-old Żabbar resident is wanted by US authorities over allegations that he sold illegal malware on the dark web over a ten-year period, between 2012 and 2022. The malware, identified as a Remote Access Trojan (RAT), is designed to infiltrate computers and servers, giving its users complete control over the infected systems.

Meli was arrested in February 2024 following a joint operation involving Malta’s police and Attorney General’s Office, as well as the US Federal Bureau of Investigation (FBI) and the US Justice Department. At the time of his arrest, Meli initially consented to his extradition to the United States. However, after a change to Maltese law last year gave suspects the right to withdraw such consent, he reversed his decision and launched a legal challenge to fight the extradition request.

Several legal twists and turns

The case has been marked by a series of legal twists and turns. On May 12, the Maltese court dismissed the extradition request after finding that the prosecution had failed to meet the necessary burden of proof required under Maltese law. The court criticized what it described as a “fairly lax” approach to the presentation of evidence by the Central Authority.

US authorities appealed the decision, and on July 30, the Court of Criminal Appeal sent the case records back to the Court of Magistrates to be heard again. When the case returned before the Court of Committal, both the Central Authority and Meli’s defence team debated the point at which the case should resume. Magistrate Rizzo ruled that the court would only hear oral submissions and that no new evidence could be introduced.

Meli will not be extradited to the US

On Thursday morning, after hearing the final arguments from both sides, Magistrate Rizzo ruled that the evidence presented was insufficient to justify holding Meli in custody or sending him back to the United States. The court therefore dismissed the Attorney General’s request for extradition and ordered Meli’s release.

Lawyers Daphne Baldacchino, Sean Xerri De Caro, and Maria Zerafa Le-Gros represented the Attorney General as the Central Authority and were assisted by Superintendent Mario Cuschieri. Meli was represented by lawyers Franco Debono, Arthur Azzopardi, and Lennox Vella.

The decision represents a major setback for US authorities, who had sought to prosecute Meli for his alleged role in a decade-long cybercrime operation involving the distribution of highly dangerous malware. It also marks the latest high-profile test of Malta’s extradition laws following recent legislative changes that gave suspects greater rights to contest extradition requests.