The Libyan owner of a cargo ship seized by the Customs Department after the captain failed to declare cigarettes and tobacco is claiming the forfeiture was illegal, as he was being punished for a crime he was never charged with.
Owner Essam Mohamed Abdurrahman Abuzaid is arguing that he leased the Bolivia-registered MV Shada to a commercial company called LB Shipping that carried out legitimate business in Malta.
The ship was seized by Customs after the Libyan captain – Jamal Saleh Sabai – was arraigned and charged with failing to declare 170 kilos of shisha tobacco and 10,000 cigarettes on arriving from Tripoli on January 8. Mr Sabai is contesting the charges.
In an application filed in the First Hall of the Civil Court, Mr Abuzaid said he was being punished for a crime he did not commit as the ship – which provided his livelihood – had been seized because of a crime attributed to the captain. It also seemed, he said, that the captain himself was unaware about the cigarettes and the tobacco as they had been hidden by third parties.
He said that by seizing his ship Customs was breaching his right to enjoy his property as well as his right to protection by law. The seizure was also “abusive” and “disproportionate” since the 236-ton ship was worth much more than the €11,647 owed in unpaid taxes and duty.
In the application, he added that this situation was the result of “draconian” Customs laws. This issue had also been raised during the court case against the captain, who originally pleaded guilty.
The prosecution, together with Customs representatives, agreed that an independent expert would provide an estimate of the seized MV Shada so that the court could give a final judgment and facilitate an amicable settlement.
Customs filed a note in court raising objections and stated that, according to procedures, since the vessel was below 250 tons, the estimate had to be carried out by Customs. The law also permitted the seizure of such vessels.
Lawyer Arthur Azzopardi, representing the captain and the owner, noted that Customs had evaluated the vessel at €300,000 and insisted on following its “draconian” procedures.
In light of this situation, the defence was left with no choice but to withdraw the guilty plea and contest the issue in the civil and constitutional courts.
Meanwhile, Dr Azzopardi said, Customs gave the owner until today to deposit €300,000 or it would sell the ship by auction. Dr Azzopardi said he filed an application in the Magistrates Court to stop the sale of the ship, given that it would mean losing crucial evidence.