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29 March 2024

Plaintiff delivers passionate defence for accused

Dubai Courts (Supplied)

Published
By Eman Al Baik

A defence monologue by a prisoner who is also a plaintiff in a Dh1,000 bribery case, did not work, and the accused received 3 months jail and Dh1,000 fine by the Dubai Criminal Court.

Ironically, according to case documents, in the previous hearing, the plaintiff, KJM, Emirati prisoner at the Central Jail testified before the Dubai Criminal Court in favour of a prison guard, AQA, 24, Emirati, who allegedly asked him to pay Dh1,000 bribe to smuggle a BlackBerry phone into the prison. KJM, who is serving 8 years on a kidnapping charge, told the court that he did not complain against the accused.

However, according to the accusation sheet, AQA, received a phone call from inside the prison from KJM asking him to bring him a drug tablet in a balloon but he refused and hung up the phone.

The next day, he received a phone call from the same prisoner telling him that he will pay him Dh1,000 for allowing the entry of a BlackBerry that a person will hand over to him, so he agreed. According to the accusation sheet, the next day the guard handed the mobile to KJM in the kitchen of the Central Jail.

KJM asked the jury why was he asked to attend the court and why AQA was standing in the accused dock. Judge Al Saeed Barghouth, presiding judge asked him to answer the court’s questions.

When asked if he knew the accused, KJM replied affirmatively and said he knews him long time before he was jailed.
 
KJM denied that he asked AQA to smuggle a mobile phone for him into the jail. And when asked if he has ever filed a complaint against AQA, he strongly denied such a matter and followed that with a few minutes of defence in favour of AQA.

The judge interrupted KJM’s defence monologue by asking him if he knows how to sign and as he replied affirmatively. The judge asked him to do that and leave.

KJM argued with the judge teling him that after he answered the court’s questions, he needs his questions to be answered and said: “Why am I here and why am I questioned?”

Patiently and briefly the judge told him about AQA’s accusation which was based on his complaint.

As KJM approached the court’s secretary to sign his testimony, AQA’s defence lawyer asked the court to give him a chance to ask the witness.

The judge told the lawyer: “What are going to ask him after this long defence he made in the favour of the accused.”

The lawyer asked KJM if he had agreed with the policeman called Saeed Hussain to complain against the accused.

More astonishing to what he testified to earlier, KJM told the court: “who is he … I do not know Saeed"

The lawyer asked the court to adjourn the case for verdict. The court found AQA guilty and awarded him the sentence.