The cases concern two 32-year-old men: Khalif Id Ahmed, a Somali national, and Aweys Maani Khayre, a British national of Somali origin. Both were arrested at the Malta International Airport after khat was found in their suitcase. Mr Ahmed was arrested on July 22, 2006, upon his arrival from Amsterdam, while Mr Khayre was arrested on May 11, 2008 after arriving from London. The men carried 11.8kg and 20.9kg of khat respectively, and both said that they intended to share the leaves with their Somali friends in Malta.

Both men were charged with aggravated possession, importation and trafficking of cathine and cathinone – the scheduled stimulant substances the plant contains – and were given the lightest sentence possible: a 6-month jail term, a €466 fine and court expert fees. The plant itself is not scheduled, and its use is legal in both the UK and the Netherlands, among other countries, although it is illegal or controlled in many others.

The 2 men appealed their sentence.

Mr Ahmed, who originally reached Malta after fleeing his homeland, stated that the use of khat is common in Somalia, and that the word itself is Somali for “salad”.

The plant has been used in religious and recreational contexts for millennia in the Horn of Africa, Yemen and nearby regions. Its use predates that of coffee – which also originated in the region – and it is used in similar social contexts.

Both men’s appeals were based on whether they could be charged over the possession of scheduled substances contained in a plant which is unscheduled. The Court noted that in the case of cannabis, among others, the Dangerous Drugs Ordinance expressly mentions the plant itself as well as its derivatives in a synthetic state.

Therefore, in similar rulings, Chief Justice Vincent de Gaetano (who presided over Mr Khayre’s appeal) and Mr Justice Joseph Galea Debono determined that the men could not be arraigned over the possession, importation and trafficking of cathine and cathinone, and acquitted them of both charges.

In his ruling, however, Mr Justice Galea Debono said that the authorities might want to consider whether an amendment to Maltese law was warranted “to prohibit use of this practice by the ever-growing number of Somali immigrants into this country who share similar customs and habits as the appellant in the present case”.

He ordered that copies of his judgment be brought to the attention of Social Policy Minister John Dalli and Justice Minister Carmelo Mifsud Bonnici.

 

Related links

• Court rules khat illegal in Malta

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