The Dubai Appeal Court, which was supposed to give its verdict in Deyaar corruption case following the concession of the company in its civil right against its ex-board member on Wednesday, has been adjourned until December 15.
The court needs more time to study the case to issue the verdict.
In a previous hearing and in a dramatic development the plaintiff lawyer, Abdul Munem Sweidan, submitted to the Appeal Court Deyaar’s concession and said the concession of the civil right is based on the fact that Deyaar did not suffer any damage.
Dr Habib Al Mulla, defence lawyer of Deyaar’s ex-board member SAR, Emirati, submitted his final argument to the jury presided by Judge Mustafa Atta Al Shinnawi in which he asked for his client’s acquittal.
In his defence, Dr Al Mulla focused on the fact that Deyaar’s welfare was not affected and it did not suffer any damage as per the company’s concession.
“The consession is considered a dramatic development in the case and it is the first ever that a company concedes its civil right in a corruption case,” Dr Al Mulla told 'Emirates 24|7'.
“Our defence has base on this development… the company conceded its right, this means the criminal part of the case is baseless. The criminal accusation is based on damaging the company’s welfare, with this concession the criminal base has become void and accordingly there won’t be a public right” he said. However, the last word is that of the Jury,” added Dr Al Mulla.
He submitted a portfolio of documents including bank statements that prove his clients made no profits and suspected the authenticity of documents submitted by Mohammed Mustafa, expert from the Dubai Financial Control Department.
However, Dr Al Mulla stressed the point that the Dubai Public Prosecution cannot change the accusation while the case is proceeding. “Changing the accusation from a bribe to a profiting and damaging public interest [litigation] is illegal,” Dr Al Mulla told the Court.
Deyaar 2 is a sub-case of Deyaar's main corruption case, in which MK, the former minister and chairman of Deyaar Property, and ZS, its executive director, an American of Lebanese origin, have been accused of corruption.
In Deyaar 2 case, SAR, Emirati, faces three charges: making Dh22.75 million in profits, exploiting his post as a public employee, taking Dh11.65m commission, and giving Dh16m loan with profits ‘riba’ to the second suspect, IAJ, a UAE businessman. IAJ, fugitive, is accused of criminal complicity.
In earlier sessions, SAR denied being a public employee and stressed that he is not assigned to a public service.
The First Instance Criminal Court has sentenced SAR to a three-year jail term and Dh115.8m in fine, in addition to paying back Dh101,000 to Deyaar on March 14. And, the same court has acquitted the businessman, IAJ, of criminal complicity.
Dubai Public Prosecution and Deyaar have appealed the sentences, asking for stiffer penalties against both accused. As well, SAR appealed the sentence asking for acquittal.