Waylon Johnston and Kurt Bugeja Coster
Lawyers appeal khat sentence
A Somali who was convicted in a landmark case for importing khat, a plant that contains stimulants, appealed the judgment yesterday.
Aweys Maani Khayre was imprisoned for six months and fined €500 after he was caught with 14 kilograms of khat early last year.
The man claimed he brought the plant from the UK (where it is legal) to celebrate his birthday with family and friends and was not aware it was illegal in Malta.
His line of defence hinged on the argument that he had imported the plant and not its active ingredient, which is the illegal substance. However, the prosecution insisted that the leaves were chewed precisely to extract its stimulants.
Magistrate Miriam Hayman ruled, in the landmark case, that one could not exist without the other and simply chewing the plant would sufficiently extract the stimulants.
Although khat was culturally accepted in East Africa, she said it did not mean we should accept foreign traditions, especially those that were illegal.
In their appeal, lawyers Josè Herrera and Veronique Dalli reiterated their argument that Mr Khayre could not extract one of the two stimulants the plant contains by simply chewing it. They drew a parallel with alcohol being illegal in Muslim countries. Despite this fact: "no one was ever accused of being in possession of alcohol for having been in possession of grapes," they argued in the note of appeal.
The first foreigner to be tried for khat was Somali Mohammed Abdala Haybe who had admitted to the charges and had been jailed for six months.
Since it was first seized in Malta three years ago, four foreigners were caught with a total of over 30 kilograms of khat, two of whom are under preventive arrest and still await trial.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Carm Mifsud Bonnici resigns after...
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Joseph Calleja condemns portrayal of...
Carm Mifsud Bonnici resigns after...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
6 Comments
Post comment
Please sign in or create your Account to post comments.
Graham Crocker
Apr 26th 2009, 02:26
Herrera & Dalli, grapes don't contain alcohol. The Muslims would have to ban the sugar that converts to alcohol to make grapes illegal and if you think grapes get you drunk, you should google "the placibo effect".
If Herrera & Dalli, won this case than owning a cannabis plant would have been legal in this country. Afterall "no one was ever accused of being in possession of alcohol for having been in possession of grapes," they argued...and what an argument.
Kaydee Zammit
Apr 25th 2009, 02:43
Ignorance of the law is never a viable excuse.
A. Muscat
Apr 24th 2009, 13:57
@ joseph cachiaOh Lord.
Could you please mention a case where a heavy sentence/ penalty (as you are suggesting) was give to a Maltese or for that matter an European ‘drug dealer’, also as you already have put it?
joseph cachia
Apr 24th 2009, 13:15
Unbeleivable claims, lies, court officers time waste and soliciters lodging appeals.
Aweys Khayre is a U.K drug dealer.where he accumulated the funds to pay for the 14klgs and
his way to MALTA with the intentions to sell for thripple the price it fetch in U.K.
The birthday excuse does'nt wash, no somali register or know the day or month of birth. Age calculation is always a guesswork. And where is the family in MALTA ?? Perhaps his friends
probable his accomplice in drug dealings are among us.
This guy sentence should be a fine of 250000 EUROS and jail term of 25 years with no permission to appeal.
One wonder how he is funding the lawyers fee and from where the funds are derived.
A. Muscat
Apr 24th 2009, 11:00
‘They drew a parallel with alcohol being illegal in Muslim countries. Despite this fact: "no one was ever accused of being in possession of alcohol for having been in possession of grapes," they argued in the note of appeal.’
Dr Josè Herrera and Veronique Dalli
A brilliant KO
edward bartolo
Apr 24th 2009, 10:47
Quote: "The man claimed he brought the plant from the UK (where it is legal) to celebrate his birthday with family and friends and was not aware it was illegal in Malta."
Not knowing the the law is not an excuse.