Abed Al Boom sentenced to 11,000 months

The Dubai Criminal Court of Misdemeanour presided by Judge Al Saeed Barghouth sentenced Abed Ramadan Al Boom to a total of 923 years imprisonment in breach of trust of 3,706 depositors involving Dh1bn case.

The court awarded him 3 months imprisonment sentences for each bad cheque he issued to the depositors and for breach of trust charges, totaling 11,000 months or 923 years.

However, according to article No 91 of the UAE Penalty Code No 3 of 1987, Al Boom will be imprisoned for 10 years for all the charges. The Article 91 states: “Should a person commit a number of crimes of which none was sentenced and that terms came in Articles No 87 and 88 were not applicable, this person shall be sentenced for each crime and each sentence shall be enforced respectively provided that the total of the imprisonment and the jail sentences for each crime or collectively shall not exceed 20 years and 10 years should the charges were awarded only imprisonment type of penalty...”

All of Al Boom’s sentences were imprisonments so his sentence is 10 years imprisonment.

ThecCourt acquitted Al Boom Holding employees: director, MMB, 55, Malawian, accountant; MEH, 27, Egyptian; and director ZHA, 39, Somali; sales representatives: AHA, 35; ZYF, 29, and businessmen ASF, Emirati, 48, and Al Boom’s brother, Khalid, from criminal complicity accusation.

The case which has been pending in Court since August 23, 2009, witnessed a big debate between the defence lawyers and the prosecution regarding whether it was legal or illegal to refer the case to the court.

The defence lawyer of Abed Ramadan Al Boom and his colleagues suspected the legality of referring the case to the court. He has asked the Dubai Court to acquit his client from the accusations and to refer the case to the special Judicial Committee formed as per the Ruler of Dubai’s decision and assigned to check and settle the defendant’s financial obligations.
 
In the previous hearing and while presenting his final argument, Hassan Juma Al Raisi, the prime defendant’s lawyer told the jury that the decision of the His Highness Ruler of Dubai was issued on August 4, 2009, one day before the transfer of Al Boom case to the court. “By that the Dubai Prosecution has violated the decision of the Ruler and transferred a case to the court and did not wait for hearing the claims by the special judicial committee,” Al Raisi argued adding, “Your honorary court is not the relevant body to hear the case.”

Al Raisi submitted to the court a portfolio of documents proving the date Al Boom first appeared before the court. The portfolio also included the verdict that has been issued by the Cassation Court in September which stated the irrelevancy of the Cassation Court to hearing the case in, which Al Boom was accused of issuing bad cheques to Juma Al Majid Real Estate against office rents particular because of the issuance of the Ruler’s decision and that the case should be heard by the special Judicial Committee.

In a previous hearing of the case, the court had cancelled the bail of Abed Al Boom as it was proved that he did not pay $20 million in the account of the Judicial Committee assigned to settle his financial status. The court’s decision has been taken after checking with the Judicial Committee whether Al Boom has made the deposit to its account or not. Since the amount was not paid, the court made its decision.

The court announced receiving responses from two banks with which Al Boom has accounts and is still waiting for the rest of the banks to submit their reports.

Ali Saeed Al Falasi, defence lawyer suspected the authenticity of the prosecution’s claim of transferring the case to the court on June 4, 2009 and told the court “All documents in the file defy such a claim. The prosecution should reconsider such a claim which does not have any legal base or document. The case was referred to the court a day after the issuance of His Highness the Ruler’s decision which stated the date of issue as its enforcement date.

According to the prosecution investigations, Al Boom and the other accused spent millions in buying 53 luxurous cars resgistered in the name of Al Boom, and that Al Boom has spent other millions buying customised car number plates, sponsored sport events, donated to players and even to their supporters. He also bought a yacht, two ships, properties and a farm. He embezzled the money of more than 3,700 depositors some of whom were convicted in bad cheque cases as they had lent the money to invest with Al Boom.

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