Following the concession of Deyaar’s civil right against its former board member, a decision taken for the first time ever in a corruption case, the Dubai Court of Appeal adjourned the case for verdict until December 1.
In a dramatic development in the previous hearing the plaintiff lawyer, Abdul Munem Sweidan, submitted to the Appeal Court Deyaar’s concession and said that the concession of the civil right is based on the fact that Deyaar did not suffer any damage.
Dr Habib Al Mulla, the defence lawyer of Deyaar’s former 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 concession is considered a dramatic development in the case and this is the first time ever that a company has conceded its civil right in a corruption case,” Dr Al Mulla told Emirates 24|7.
“Our defence is based on this development. Should the company concede its right, this means that 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 of the jury,” added Dr Al Mulla.
Dr Al Mulla also submitted a portfolio of documents including bank statements that prove no profits were made by his client and defy the documents submitted by Mohammed Mustafa, the expert of the Dubai Financial Control Department. Dr Al Mulla suspected the documents authenticity.
However, Dr Al Mulla stressed the Dubai Public Prosecution cannot change the accusation while the case is proceeding.
“Changing the accusation from bribe to profiting and damaging public interests 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 the Deyaar 2 case, SAR 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 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 acquitted IAJ of criminal complicity.
Dubai Public Prosecution and Deyaar have appealed the sentences, asking for stiffer penalties against both accused. Besides, SAR appealed the sentence asking for acquittal.