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Safiya Ferkash Mohammed and her lawyers argue in their appeal
that the courts lacked jurisdiction and could not decide the
case over the funds.
The sentence was delivered at the end of June after a legal
battle that started in 2012, a year after Gaddafi was overthrown
and killed.
Mutassim, who was also killed, was found in possession of
several Bank of Valletta credit cards as the owner of a
Maltese-registered company.
The appeal was filed on behalf of the Gaddafi heirs by Maltese
lawyer Louis Cassar Pullicino. No date for a hearing has been
set yet.
The original court had upheld arguments by Libya's
attorney-general that according to Libyan law, as an army
officer, Mutassim had been precluded from drawing benefits from
any business interests.
Moreover, he had failed to submit a full declaration of assets
as required by law.
In her appeal, the widow argues that the Libyan laws invoked in
the case were criminal ones but that no criminal case was ever
initiated against Mutassim Gaddafi or his heirs.
Furthermore, the Maltese courts were asked to grant Libya a
remedy pursuant to a foreign penal law whereas in principle a
domestic court cannot apply the penal law of a foreign state to
grant such remedy.
(Reporting by Chris Scicluna; editing by Jason Neely)
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