Man claims rights violated in court arraignment

A Somali national currently being held in prison after being refused bail has filed an application in the Civil Court insisting that his rights were violated when he was arraigned in court on charges based on facts that did not constitute a crime.

Aweys Maani Khayre, 31, ordinarily resident in London, said that he had been arraigned in May on charges of having imported the prohibited drugs cathinone and cathine. However the substance found in his possession was 14 kilos of khat which was not a prohibited drug.

He added that the court appointed pharmacist had discovered no traces of cathinone in the substance but had concluded that one might hypothetically extract 28 grames of cathine. This, said Mr Khayre, was an insignificant amount and the chemical process involved was impossible to take place.

Mr Khayre said the magistrate's decision that there were sufficient reasons at law for him to stand trial was in violation of his fundamental human rights for no one could be arraigned on charges which did not constitute a crime at law.

He therefore asked the court to declare that his rights had been violated and to order his release.