Cassation clears mosque imam of sexual assault

The Dubai Courts of Cassation upheld the acquittal of a mosque imam on charges of sexually assaulting an 8-year-old  boy.

Zaker Hussain, 26, Indian, was sentenced to three years in jail followed by deportation by the First Instance Court  on May 11, for sexually hugging and kissing an 8-year-old American boy of Pakistani origin after finishing Quran teaching classes.

However, the Appeal Court acquitted Hussain saying in its verdict on August 29 that the evidence were not sufficient to charge Hussain with sexual assault of the boy and that the court is satisfied with the defence that kissing a student on his forehead is a favoured gesture to be done by a teacher to encourage a student.

The defence lawyer Haroon Tahlak had emphasised the voidance of the case’s file from any evidence of a sexual assault. He made 19 requests if his client was not acquitted including hearing the testimony of the mother who was the one who wanted her boy to learn Quran and was directly dealing with Hussain.

According to the prosecution sheet, the boy’s father MS, owner of a cargo company, agreed with Hussain to teach his son Quran for Dh600 monthly.

The father who has received a phone call from his son while he was in the US allegely complaining  that he was assaulted by his Quran teacher, asked his two sons to stop attending Quran classes.

The father claimed before the prosecution that Hussain took advantage of him being outside the UAE to assault his son and that his brother has taken a picture of his reddish cheek.

Tahlak suspected the authenticity, accuracy, legal cohesiveness of the police and prosecution investigations. He told the jury that the accusation was made up against Hussain firstly by the boy who did not want to attend Quran classes and secondly by the father who did not want his son to learn Quran. The boy’s learning Quran was the mother’s will, so he did not follow normal behavior of telling his mother about being subject to sexual assault, but has rather called his father who was overseas and sought his support as he was certain of receiving it.

The Dubai Public Prosecution has appealed the verdict urging that it was not based on sufficient awareness about the case and that part of the father’s testimony was factual and not mere sayings. The prosecution has also appealed that the acquittal verdict was not accurate regarding the police officers, who were assigned to arrest the accused, and those who have carried out the arrest.

In his memorandum to the Cassation Court, Tahlak assured the legality of the Appeal Court’s verdict stressing that it was clear of any legal defect, legally perfect and cannot be described as lacking knowledge about the case’s circumstances.

However, Tahlak argued in his memorandum that even if any of the two bases of the prosecution’s appeal was true, it does not make sufficient evidence against Hussain.

The verdict of the Appeal Court proves clearly that it was taken based on checking accusation evidence and shows the full awareness of the jury of the case’s circumstances, he added.

The Cassation Court upheld the acquittal of the mosque imam and the verdict is final.

Follow Emirates 24|7 on Google News.