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.