Man wanted by FBI for selling malware ‘appeared normal’, prosecutors tell court
A Maltese man who says he should not be extradited to the United States because he was in a mentally poor state when he was first charged appeared to behave “normally”, police prosecutors have testified.
Daniel Meli, 27, is wanted by the FBI for allegedly selling illegal malware on the dark web between December 2012 and June 2022.
He was arrested in February at his home and initially agreed to be extradited to the US to face criminal charges there.
But he subsequently appealed the decision, claiming that the court did not assure that he was in a sufficiently sound state of mind when expressing consent.
His lawyers are arguing before the First Hall, Civil Court in its constitutional jurisdiction that his right to a fair hearing was breached.
A number of medical professionals were summoned to testify about his mental health issues throughout the years.
A documented history of mental health struggles emerged, with doctors describing Meli as a “very bright 26-year-old” who had long suffered “great social anxiety.” He had a past history of drug abuse and more recently, had turned to abuse of prescription drugs.
When the case resumed this week, two police officers testified about Meli’s behaviour in the hours preceding his arraignment.
never Flagged proBleM
Superintendent and lawyer Mario Cuschieri from the police International Relations Unit first spoke to Meli on the day of his arraignment at around 11.15am.
His involvement was limited to executing the arrest warrant issued by a magistrate for extradition purposes.
“He appeared normal. Quiet. When asked several times if he understood, he said ‘yes’,” said Cuschieri, when asked to describe Meli’s behaviour.
When police explained to him the implications of the US international arrest warrant “he never flagged any problem in understanding what we were saying”.
He spoke to his lawyer before facing charges and upon arraignment, indicated more than once that he was consenting to the extradition.
“He [Meli] appeared to understand what was going on,” said Cuschieri.
Questioned by Meli’s new lawyers, Arthur Azzopardi and Franco Debono, Cuschieri clarified that he was not involved in tracking down and arresting the suspect. He had only executed the arrest warrant at police headquarters.
Meli was given his legal rights both verbally and in writing and was given documentation sent by the US competent authorities.
The wanted man was arrested on February 7, but Cuschieri spoke to him the following day. “What did you do to make sure that he was not under shock and conscious?” asked Azzopardi.
“I didn’t interrogate Meli,” replied Cuschieri, pointing out that cybercrime officers had arrested and interrogated the suspect.
court gave hIM tIMe to reconsIder
“At no point did he express doubt about not understanding. We spoke Maltese,” said Inspector Robinson Mifsud, Interpol liaising officer who also executed the international arrest warrant.
“We assured that he understood why he was wanted in the US.”
Meli’s behaviour was “basically normal” even during his arraignment.
“The court gave him time to reconsider but at no point did he appear anxious or tearful, he was clear.”
Asked by Meli’s lawyer whether he was specialised in psychology or psychiatry or any other medical field, the inspector’s reply was, “no.”
‘MoveMents’ whIle In custody
Logs of Meli’s ‘movements’ while in police custody were exhibited in court.
He was arrested on February 7 at 7:45am and taken to the custody centre at 5pm.
According to routine procedure, his personal details were recorded, and he was given all rights, including the right to see a doctor and a lawyer.
Meli declined the right to medical assistance but told officers that he was due for a visit at the detox centre.
He expressed the wish to speak to a close relative and later spoke to his personal lawyer on the phone between 8.02pm and 8.32pm.
Later that evening, he was accompanied to the Floriana health centre.
The next day, he paid another visit to detox and then faced interrogation between 9am and noon.
Meli was released for arraignment at 2.25pm, said inspector Antoine Cilia who gave an overview of the police logs which were presented in evidence.
‘let’s get It done’
State Advocate lawyer Julian Farrugia drew attention to a story published by Malta Today on February 10, titled, ‘FBI wanted Maltese hacker extradited over sale of Pegasus, Warzone Trojans.’
Meli’s former lawyer was reported as stating that the wanted person “was motivated by a mindset of cooperation and facing down the charges…,” summing up his client’s attitude as “‘since we’re going to have to face it, let’s get it done’”.
The author of that story was summoned by the State Advocate.
He could not recall whether Meli’s former lawyer had sought his client’s permission before giving them those comments to the media.
The case, presided over by Madam Justice Doreen Clarke, continues.
State Advocate lawyer Julian Farrugia represented the respondents. Lawyers Franco Debono and Arthur Azzopardi are assisting Meli.