Freed man demands compensation for time spent in preventive custody
A foreigner has filed a court case against the Attorney General and the Police Commissioner demanding compensation after he was remanded in preventive custody for almost a year before being acquitted later of drug charges.
Aweys Maani Khayre, 31, who was born in Somalia but lives in England, was accused of importing 10 kilograms of khat in May 2008.
Last April, after spending the intervening period in custody, he was found guilty as charged.
He had earlier started constitutional proceedings on the grounds that khat was not prohibited by law but the court had said the case was premature.
He then filed an appeal and was acquitted of the charge in July of last year.
He has now filed a case in the civil court for compensation for the time he spent in preventive custody.
Mr Khayre said he suffered substantial damages after having been needlessly held in detention for 11 months and claimed that his rights had been violated.
He is, therefore, asking the court to order the Attorney General and Police Commissioner to pay him damages.
José Herrera and Veronique Dalli are his legal counsel.
7 Comments
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Paul Smith
Jan 13th 2010, 11:06
lgalea
he was not drug smuggling, as khat was not on the statute as a banned substance. Until you have a law degree, you need to stop talking rubbish. Malta joined a club called the EU and there are rules that need to be followed - rules thought up by greater men than you lgalea, Malta signed the EU convention on human rights - his rights were trampled all over - he will win compensation 100%. I dont condone what he did - far from it. If you dont like the rules of the club - lgalea
Perhaps you can campaign for a referendum to leave the EU - then you can give us our tax money back that we have given you in development aid - thats right - we pay tax to give to you for development from the EU budget.
Paul Smith
Jan 13th 2010, 10:59
What do you not understand Igalea? It was not a banned substance - you cannot arrest someone, hold them against there will for something that is not illegal! Khat is not a banned substance in many countries. It is hardly a popular drug in western Europe. It is mainly used amongst the Somali community. His human rights were violated because he was held for 11 months without trial for a substance that was Not Illegal! Not illegal - can you not get that into your head Mr. Galea - You cannot make up the rules as you go along Igalea.
As for tourism - it will be awful in 2010.
matthew tanti
Jan 13th 2010, 08:49
i full agree with paul, we pride ourselves on being a western demcracy which cherishes modern principles, unlike saudi arabia. if lgalea shares the saudi's values, he is free to emigrate there.
lgalea
Jan 12th 2010, 21:54
Paul Smith
Tripe is posted by those who defend those who had all the intention to traffic drugs. He had the intention, he carried out the act, although it happened that the drug in question had not yet been specifically declared as a drug. And yet we have those who defend and want to compensate such tourists. Rest assured that we do not need tourists who condone drug smuggling.
Harry Saliba
Jan 12th 2010, 19:36
This somali knew full well that khat is a banned substance in other countries yet he still took the chance of bringing it into Malta as then it was not banned , he manipulated the system in the hope of getting away with it . And we are supposed to believe it was for private use etc for friends /family !!! Dah Are we supposed to feel sorry for this man who got caught !!! hehehehe ,now he wants compensation!!!! He is lucky to have kept his head on his shoulders ,had he been in saudi thats exactly what would have been his faith, . Drug smugglers should be hung out in the sun to rot
Paul Smith
Jan 12th 2010, 17:28
Malta needs to pay up, no matter where he is from or what passport he holds, that is irrelevant.
I find it hard to believe that he was arrested for importing Khat which was not illegal in Malta and then held for 11 months. If he had legal representation whilst under interview at the police station he would have been allowed on his way and been given the Khat back. More moronic tripe from Igalea, Malta voted to join the economic block called the European Union, not a backward islambic block that practices whabbism!
The Somalian was held for 11 months for something that is not a crime on the statute and denied legal council upon arrest - can i ask - what the hell is going on in Malta? Is Mickey mouse in charge?
As much as i love Malta and it's more open and mature citizens, it is people like lgalea that will keep so many of us from rushing back to spend our hard earned money on the Tourism product called Malta!
lgalea
Jan 12th 2010, 16:57
Send him packing. He should be grateful that he wasn't caught in Saudi because he would have lost his head.