Deyaar concedes civil right against defence

For the first time in a corruption case, the civil right plaintiff, Deyaar, has conceded its right against its former board member.

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, the defence lawyer of the accused who was supposed to submit his defence on Tuesday, asked the jury presided by Judge Mustafa Atta Al Shinnawi to adjourn the case to prepare a defence based on the development.

“It is a dramatic development in the case and the first time that a company has conceded its civil right in a corruption case,” Dr Al Mulla told Emirates 24|7.

“Our defence will be based on this development… should the company concede its right this means that the criminal part of the case is baseless. Since the plaintiff lawyer said that the concession was made as the company did not suffer any damage and since that 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.

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, 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 fine, in addition to paying back Dh101,000 to Deyaar on March 14. The same court has acquitted IAJ of criminal complicity.

Dubai Public Prosecution and Deyaar have appealed the sentences, asking for stiffer penalties against both accused. Whereas the convict SMS appealed the sentence asking for acquittal.

Dr Al Mulla will prepare a new defence in light of the concession of the civil rights and the documents presented by the Dubai Financial Control Department.

The Appeal Court adjourned the case for defence until November 2.

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