Ital­ian Mafia in­former Donatella Con­cas to be ex­tra­dited to Italy

Malta Independent - - NEWS -

Ital­ian Mafia in­former Donatella Con­cas is to be ex­tra­dited to Italy fol­low­ing a Euro­pean Ar­rest War­rant, the Mal­tese Court has de­cided.

Dur­ing the hear­ings, Lawyer Mal­colm Mif­sud ar­gued that there was a real risk of the woman be­ing mur­dered due to her crim­i­nal con­nec­tions, even in­side an Ital­ian prison.

The ba­sis of the ap­peal was that due to the ex­ten­sive mafia net­works in Italy, Donatella Con­cas fears that fel­low pris­on­ers could eas­ily re­ceive in­struc­tions to harm/kill her.

Ms Con­cas was ar­rested in Malta after her name ap­peared on a Schen­gen In­for­ma­tion Sys­tem Alert. She had been con­victed in Italy in 2015, where she was to serve a three-year, eight­month prison sen­tence. Fol­low­ing this judg­ment, Ms Con­cas dis­ap­peared for a year, fear­ing for her life after she tes­ti­fied against mem­bers of the Mafia.

A ques­tion pre­vi­ously arose as to which judge­ment was to be con­sid­ered as the ba­sis for the Euro­pean Ar­rest War­rant – her ap­peal case, where she was present, or the de­ci­sion by the Corte di Cas­sazione, where she was not.

Con­cas’s lawyer, Mal­colm Mif­sud, pre­vi­ously told pre­sid­ing Mag­is­trate Aaron Bugeja that for the Euro­pean Ar­rest War­rant to be valid, the re­quested per­son – Con­cas, in this case – must have been phys­i­cally present in court when her sen­tence was de­liv­ered.

The Mal­tese court de­cided that the judg­ment re­sult­ing in the Euro­pean Ar­rest War­rant was that of the ap­peals court, where she was present. The court also noted that the Corte di Cas­sazione did not change the orig­i­nal judge­ment and in fact de­nied the ap­pli­ca­tion and the pre­vi­ous judge­ment be­came en­force­able.

The court, how­ever, found no le­gal ba­sis as to why she should not be sent back to Italy. She is also to be kept in cus­tody un­til she is sent back to Italy.

The court noted that she has the right to ap­peal the de­ci­sion should she wish.

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