A judge has thrown out a breach of human rights claim by a businessman over a fine imposed when he failed to declare that he was taking more than €160,000 in cash out of Malta.

Presiding over the court of constitutional jurisdiction, Mr Justice Ian Spiteri Bailey ruled that Ali Muuse Igaale from Somalia, who also holds Sudanese and Maltese passports, had failed to convince the court that his rights had been breached and had also failed to back up his claims.

Igaale had been arrested at the airport in August 2021, after a sniffer dog indicated that his luggage contained something potentially illegal. A subsequent search led to the discovery of the undeclared cash in his suitcase.

He was charged with tax evasion and breaching Malta’s Cash Control Regulations which lay down that travellers must declare all amounts of cash over €10,000 to customs upon arrival or departure from Malta.

The rules state that failure to do so will result in the confiscation of the amounts over €10,000, as well as a fine equivalent to 25% of the total amount of undeclared cash.

He had been condemned to pay a fine of €85,601.40 and subsequently filed a constitutional case arguing that the punishment constituted a breach of the European Convention on Human Rights. He described the fine as disproportionate and arbitrary.

Moreover, no evidence had been submitted that showed the money had originated from illegal activity, his lawyers argued.

But Mr Justice Spiteri Bailey ruled that Igaale had not provided any evidence to back up his claim of a breach of his human rights and neither did he provide any facts which could have supported a mitigated punishment.

He said Igaale was well aware of the punishment that would be inflicted when he freely admitted to the charges brought against him, confirming his admission of guilt after having been told of the consequences.

Igaale had been assisted by a lawyer and an interpreter at the time he filed the guilty plea. The judge said he knew what punishment his admission would lead to.

“The punishment meted out to Igaale can be said to have also been his choice, in the sense that he had freely chosen to admit the charges and consequently be punished with that fine,” the judge ruled as he threw out the case.

Lawyers Franco Debono, Arthur Azzopardi, Francesca Zarb and Jacob Magri assisted Igaale. Lawyers Julian Farrugia and Rachel Aquilina represented the police.