Ruling Could be Quashed If There Is No Defence Lawyer

DUBAI - A case in a Dubai court can be overturned by a higher court if it is allowed to proceed without a lawyer on behalf of the defendant, Judge Fahmi Muneer Fahmi of Court of First Instance said.

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Published: Fri 25 Dec 2009, 12:49 AM

Last updated: Thu 2 Apr 2015, 9:33 AM

Wednesday’s hearing of a case involving the alleged rape and murder of a young boy has generated strong reactions amongst the public and judicial officers.

The father, Mukhtiar Ahmad Khuda, was not present in the court but his uncle attended and said nothing less than capital punishment would be accepted and the blood money would not be accepted.

“I hope he gets executed,” said the boy’s mother said of the alleged culprit.

Dubai Attorney-General Eissam Issa Al Humaidan on Wednesday reiterated a call he made earlier for a speedy trial and death penalty for the accused.

Advocate Khaled Al Khazraji, a 50-year-old Iraqi national, told Khaleej Times he was appointed to defend the accused before he could see the documents and evidence.

“I apologised because the defendant has committed more than one crime, rape and murder on a holy day and committed a crime in a holy place,” Khazraji said.

“I will not be neutral and I cannot defend such a criminal.”

Mohammed Al Saadi, who took up the man’s case, told Khaleej Times he made the decision to preserve the UAE law.

“All legal authorities should cooperate to bring justice and I accepted to enable the court to implement the laws properly,” Al Saadi said.

“I have been appointed by the court and I have to cooperate with it to execute laws – this is our obligation.”

Al Saadi said the defendant should confess willingly.

“The defendant should not lie, he must tell the truth and ask for mercy,” he said. “I will not defend him if he lied or tried to escape the penalty.

“However, he should confess willingly and prove that he is regretful.

“I have to preserve all people’s rights. I will follow all legal procedures, to bring the justice and the court will do judgment according to the evidence.”

Judge Fahmi said the Court of Cassation would turn a ruling down and refer a case back to the Court of First Instance if no lawyer was appointed for the defendant. If no lawyer was found, the hearing would be adjourned until the appointment of a lawyer.

amira@khaleejtimes.com


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