Detained boat ordered to be returned to owner

A court yesterday ordered the Controller of Customs to release a foreign fishing boat to its owner after the boat was seized when contraband cigarettes were discovered on board two years ago.

Ahmed Ibrahim Hassan Ahmed Arafa told the court that he owned the fishing boat MFV Al Basil 1, which was registered in Egypt and was valued at €26,000.

The boat was seized by the Customs Department after it made port in Malta for urgent repairs. More than 44,000 contraband cigarettes were found on board.

Mr Arafa explained that the boat was captained by Hemida Saleh Mohamed Hemida Elsaka and that he himself, as the boat owner, had not been present. Nor had he been aware of the contraband cigarettes. In fact the police had instituted criminal proceedings against the captain and not against Mr Arafa.

In yesterday’s judgment, Mr Justice Gino Camilleri, sitting in the First Hall of the Civil Court, pointed out that it was clear the cigarettes had not been destined for Malta as the boat had only come here after developing a leak in the fuel tank.

It was unreasonable for the boat to be retained by the Customs Department in the light of these facts.

The court, therefore, ordered the Controller of Customs to return the boat to Mr Arafa.