Assault on fashion model could be a felony

The Ras Al Khaimah Misdemeanour Court referred to the RAK Public Prosecution the case of assaulting a British fashion model to change the accusations into a felony crime following the argument of the plaintiff’s civil rights lawyer.

On June 25, SNR, 30, fashion model was attending a birthday party at a farm in RAK on an invitation by a friend identified as Bilal, a fugitive.

At around 3.30am, Bilal asked her to go outside, and she positively responded to find out what does he want.

SAS, 25, Emirati employee whose identity is not known and Bilal allegedly tried to push SNR into their car.

As she resisted the three beat her up with electric appliance.

They also indecently assaulted her under duress and inserted the electric appliance into the victim’s vagina, SNR complained to police and testified before the Prosecution.

The medical report of Saqr Hospital where the victim was transferred to by police states that the victim was subject to a physical assault and that there were bruises at different areas of her body. The area around her genitals had burns and red swellings. It took 20 days to heal the injuries sustained in the assault.

The medical report also recommendeded that the victim should be subject to treatment by a gynaecologist.

An eyewitness identified as a doctor FKM told the prosecution that he and other invitees of the birthday party rushed out upon hearing screams and shouts of a woman.

“I saw the three men pulling a tool into the woman’s vagina…the lower part of her body was naked. The attackers who were also beating the woman ran away once people gathered,” FKM testified before the prosecution and later before the Court.

Police could not reach the attackers although people at the party who knew them supplied police with their mobile numbers.

After two days, the accused SAS switched on his mobile phone and police could reach him since then.

SAS told the Prosecution that SNR and other people have abused and assaulted him and his friends. But the file of the case was void of a forensic report proving his claims.

The Prosecution has referred SAS to the Misdemeanour Court on simple assault accusation based on Article No. 393 of the Penal Code as the injury did not need more than 20 days to cure. The article states from one month to one year imprisonment term for a simple assault charge.

Haroon Tahlak, the plaintiff lawyer has submitted her memorandum to the court on September 19 and argued that what the case’ documents prove that the SNR was subject to a felony crime and not a simple assault.

The medical report proved that she was subject to a kidnapping attempt, serious physical assault for rape or revenge using an electric appliance, an attempt of murder, and indecent assault.

“The Prosecution should not have initiated its accusation on to the time needed for the injuries to cure ignoring the fact that the reported injuries have resulted from a serious kidnapping and rape felony,” Tahlak told Emirates 24|7.

Defying the version of the accused, Tahlak told the court that should this be true, why he didn't complain to police. Instead of complaining to police he and his compatriots ran away and switched off their mobile phones.

“On top of that, the case’s file was void of any medical report proving the accused’s claimed attack. Whereas, it has included a medical report proving the serious attack on the complainant’s body,” Tahlak told the court.

On the day of submitting the defence, the accused brought with him five denial witnesses although the prosecution sheet was void of any witness proving his claim.

The court listened only to one and then heard the plaintiff’s civil rights lawyer who stressed the point that should the accused been attacked where were these witnesses have been and why they have appeared now.

Closing his defence, Tahlak asked the court to refer the case to the Prosecution to appropriately and as per the case’s documents as a felony crime and not a misdemeanor assault.

The Misdemeanour Court decided to refer the case to the Prosecution to change the initiation of the accusation against the accused as a felony crime.

Tahlak told Emirates 24|7 that the penalty of such a felony crime is a minimum of three years jail terms and may reach up to a life jail term.

A new date will be given by the Criminal Court for hearing the case, he added.

Follow Emirates 24|7 on Google News.