A Maltese man, arrested as part of an investigation into the smuggling of 10 tonnes of cannabis resin following a request by the Italian authorities, has claimed illegal arrest.

The 41-year-old Maltese national was arraigned late yesterday afternoon and denied bail by magistrate Monica Vella. But his lawyers, Pawlu Lia and Alessandro Lia, today argued that the arrest was illegal due to the fact that the defence was not in possession of documentation related to the charges in Italy. Although the shipment was thought to be destined for Italy, the alleged crime had actually taken place in international waters, they said.

During yesterday’s European Arrest Warrant hearing, which was punctuated by hostile exchanges between the defence and the prosecution, the accused did not give his consent to be extradited.

This afternoon the court said that habeas corpus was not an option as the man had been arraigned yesterday. The remedy of habeas corpus is for an illegal arrest, pointed out the magistrate.

Lia said the police was not investigating him and therefore if the arraignment was illegal, so was the continued detention. If the man was arrested illegally, for reasons which to date are not in order, then the continuing arrest is also to be taken as illegal, argued the lawyer.

Lawyer George Camilleri, appearing for the Attorney General, submitted that the habeas corpus action filed by the defence did not respect the law as the arrest was made under subsidiary legislation which had a whole section relating to the arrest. “This is not a normal arrest, because the person is not being investigated in Malta.” Habeas corpus doesn’t apply to the special proceedings.

The court said that it had difficulty with the application because the habeas corpus action was extinguished by the arraignment. If the man was arraigned within the 48hr period the habeas corpus the action was not applicable,

The point of the validity of the arrest which should happen during the arraignment did not happen and so it Is being discussed today. The court however, pointed out that this had happened and the arresting inspector had testified about it.

The court, seeing that today’s sitting is about a habeas corpus application filed by the accused, said that the same accused had been arraigned yesterday before the court as presided. The defence was attacking the validity of the arrest, arguing that the reasons given in the application were still valid and consequently asked the court to hear and decide on the arguments it was putting forward.

The prosecution objected, saying that the validity of the arrest had already been dealt with during the arraignment and that bail had been refused.

At this stage, the defence withdrew its habeas corpus application, saying it would make its submissions when the case proper continued.

Lawyers George Camilleri and Ylenia Abela appeared for the Office of the Attorney General, Inspector Mark Galea prosecuted.

Lawyers Pawlu Lia and Alessandro Lia appeared for the defendant.