Man charged with importing khat claims human rights violation

A Somali national who had been charged with importing 14 kilogrammes of the drug khat yesterday claimed that his rights had been violated because he had not committed a crime.

Aweys Maani Khayre, 31, who arrived on a flight from London on May 10 carrying a suitcase allegedly full of khat leaves was charged with importing the drug. He pleaded not guilty.

The court heard that khat consists of fresh leaves of a flowering shrub found in East Africa and produces a stimulant effect when chewed. The leaves contain the prohibited drugs cathinone and cathine. Mr Khayre said that the court-appointed pharmacist had discovered no traces of cathinone in the leaves but had concluded that one might hypothetically extract 28 grammes of cathine from the 14 kilos of the leaves found. This, Mr Khayre said, was an insignificant amount and the chemical process involved was nearly impossible to do.

However, Magistrate Jacqueline Padovani, who had presided over the arraignment, had decided that there were sufficient reasons at law for Mr Khayre to stand trial.

In an application filed in the First Hall of the Civil Court against the Attorney General and the Police Commissioner, Mr Khayre said this was in violation of his fundamental human rights because khat was not a prohibited drug and so he could not be charged with criminal importation.

He had asked the court to declare that his rights had been violated and to order his immediate release from prison and a halt to all criminal proceedings against him.

Lawyers José Herrera and Veronique Dalli appeared for Mr Khayre.