No bail for man charged with importing Khat

A magistrate has denied bail to a man charged in connection with importing 113kg of a prohibited substance known as khat.

In a court hearing on Sunday, Magistrate Victor Axiak was told that officials from Customs were carrying out an inspection on some cargo sheds and noticed a consignment declared as Henna leaves.

Instead of Henna leaves, 113kg of khat was found in the cargo.

The consistency did not match the declaration, and an inquiry was appointed.

The man who was to receive the items, Abdinur Shucayb Mohammed, is now being charged with importing the khat. 

READ ALSO: Hamrun man to be charged after customs seize 113kg of khat

Represented by lawyers Franco Debono and Francesca Zarb, bail was requested for the accused. However, the prosecution objected to this, arguing on the seriousness of the offence while pointing out that the accused is a recidivist, having already been convicted on drug trafficking charges.

However, the defence noted that Article 40b of the Medical and Kindred Professions Act was enacted in 2014. This article stipulates that any person who imports khat to Malta shall be guilty of a criminal offence, with a maximum ten-year jail sentence when convicted before the Criminal Court.

Before the enactment of this law, various judgements were made with reference to the nature of khat. The defence argued that khat should be considered as a stimulant, and thus be subject to a different punishment.

The defense also argued that the accused has strong ties with Malta, owning two restaurants and having a family locally.

With no civilian witnesses to back up the case, the presumption of innocence is strong, the defence said.

Ultimately, bail was denied.

Inspectors Justine Grech and Alfredo Mangion are prosecuting.