Charges in khat case dropped

One day before five Seattle-area residents were to stand trial on charges that they took part in a conspiracy to import and distribute khat, a leafy plant chewed like tobacco in parts of eastern Africa, a federal judge dismissed all charges against them.

U.S. District Court Judge James Robart dismissed the case Monday at the request of the same government prosecutors who initiated the prosecution nearly a year ago.

"In the interest of justice, we are dismissing the cases here without prejudice," said Emily Langlie, a spokeswoman for the U.S. Attorney for the Western District of Washington.

Prosecutors decided to withdraw the case against the five Seattle-area defendants in part because of developments in a similar New York case, where four of an original 44 defendants are currently on trial for allegedly smuggling khat, Langlie said.

On May 29, Langlie said, Judge Denise Cote ruled in the New York case that the government must prove that the defendants knew khat contained a controlled substance that was forbidden by U.S. law and decided to import the plant anyway.

Another issue under scrutiny in the New York case is the method of testing for cathinone, one of the active chemicals in khat, Langlie said.

"These things taken together prompted the government to think it was more prudent to wait and see how things play out before we go forward," Langlie said.

Ali Ismail, one of the five defendants, hailed the news.

"I knew from the beginning of this case that I didn't do anything wrong," said Ismail, a cab driver who came to Seattle from Somalia in 1990. Ismail was representing himself after firing two attorneys who he said tried to pressure him to accept a plea deal from the government.

Christopher Black, an attorney for defendant Abidweli Mahamed, also was pleasantly surprised with the government's decision.

"We were very happy to see that on this side," Black said.

Parts of the khat or qat (pronounced "cot") shrub have been used for centuries as a mild stimulant in countries such as Somalia, Ethiopia and Yemen, where users compare the effect of chewing on the fresh plant to drinking a strong cup of caffeinated coffee.

For the mostly Muslim populations of those nations, alcohol use is a religious taboo. Instead of drinking, many will chew on khat, which is legal in many Western countries, including Great Britain, Germany, Italy and the Netherlands.

But in the U.S., khat's two active chemicals, cathine and cathinone, are scheduled, controlled substances, making them illegal to possess and consume.

Charges can be refiled

The government can refile charges against the Seattle-area defendants at a later date if prosecutors decide the case is strong enough to proceed.

But for now, Robart's order brings a quiet close to a case that the government hailed as a major prosecution when it began.

On July 26, the U.S. Attorney for Western Washington indicted 18 people on 35 counts of khat smuggling and trafficking. On the same day, the U.S. Attorney for the Southern District of New York indicted 44 people that it said were part of an "international narcotics trafficking organization responsible for smuggling more than 25 tons of khat" into the United States.

Since then, the local U.S. attorney's office dismissed charges against seven defendants. Six others pleaded guilty, four to misdemeanor charges of possession of khat.

David Bowermaster: 206-464-2724

or dbowermaster@seattletimes.com