Two to appeal punishment under draconian cash control law

Two men who were leaving Malta for Egypt carrying envelopes with cash on behalf of several people back home will be appealing their sentence after being found guilty of failing to declare the amounts which narrowly exceeded the maximum amount they were permitted to carry at law.

Hany Abdellatif Tawfik Elkhaniny, 42 of Marsaxlokk and Ahmed Mohamed Elsayed Shaaban Egy, 44, of Zejtun were arrested at the airport whilst trying to board a flight to Egypt.

Inspector Lianne Bonello told duty magistrate Donatella Frendo Dimech that the men had been arrested yesterday after customs officials discovered that they were carrying amounts in excess of the €10,000 permitted by law.

It emerged that Egy was carrying €10,933 and Elkhaniny €10,700. The defendants’ lawyer, Charlon Gouder pleaded guilty, arguing amongst other things that the amounts had been in sealed envelopes given to them by several individuals to transport to family members back home, which meant that they could not have known the exact totals. 

The court, however, noted that the Cash Control Regulations gave it no leeway in terms of punishment and that the punishment in this case was draconian – confiscation of the amount over €10,000 together with a fine of 25% of the total amount being carried.

Elkhaniny was therefore fined €2,675 and had another €700 confiscated, whilst Egy was fined €2,733 and had €933 confiscated.

The men’s lawyer gave notice of appeal.