A Constitutional Court yesterday ruled that a man awaiting extradition to the United States can be extradited since this would not be in breach of his human rights.

Lewis Muscat, 56, is wanted in the state of California for criminal proceedings related to violent indecent assault on children, primarily an 11-year-old girl who he allegedly abused for three years. The girl is said to be the man’s step grand-daughter.

Last year, the Court of Magistrates ruled that Mr Muscat should be extradited to the US. Mr Muscat is wanted in the United States for 18 counts of alleged abuse of a number of under-age children, including an 11-year-old girl.

Mr Muscat’s defence counsel, Dr Chris Soler appealed the Court of Magistrates’ decision and asked the Court of Appeal, presided over by Chief Justice Vincent De Gaetano, to refer his case to a Constitutional Court claiming breach of his client’s fundamental human rights if he is extradited.

Dr Soler argued that extraditing his client was in breach of his rights and that his extradition would violate his right to a fair trial, right to privacy and right to obtain an effective remedy.

But in its decision, the Constitutional Court, presided over by Mr Justice Geoffrey Valenzia, said Mr Muscat did not prove that in California there is “a consistent pattern of gross, flagrant or mass violations of human rights”. It said “there is no doubt about the democratic character of the legal system which respects the rule of law and which affords procedural safeguards”.

On Mr Muscat’s claims that he suffers from several medical conditions, the Constitutional Court heard the testimony of Dr Joseph Spiteri, a consultant psychiatrist. He said Mr Muscat was “lucid, calm and cooperative” and that his behaviour in hospital was “good and he understood what he was being asked.” Dr Spiteri concluded that “from a psychiatric point of view, there is nothing which prevents him (Mr Muscat) from boarding a plane” and that he is “fit to stand trial”.

In view of this, the Constitutional Court ruled that the extradition can proceed. The case will continue before the Criminal Court of Appeal which is to rule on other grounds raised by the defence.

Senior Counsel to the Republic Donatella Frendo Dimech and Dr Cynthia Scerri Debono appeared for the Attorney General, Dr Kevan Azzopardi appeared for the Police Commissioner while Police Inspectors Raymond Aquilina and Raymond Cutajar prosecuted. Dr Chris Soler appeared for the accused.