Businessman acquitted of helping others in fraud

The Court of Misdemeanours recently cleared a 33-year-old Iranian businessman of the charge of helping and abetting three others, including one at large, in defrauding an Arab man of Dh50,000.

By Marie Nammour

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Published: Fri 17 Aug 2012, 8:34 AM

Last updated: Tue 7 Apr 2015, 11:36 AM

The court bench, presided by Judge Hamdi Abul Khair, sentenced the two other defendants in custody, both Iranians, to three months in jail to be followed by deportation.

Hani Hammouda, defence counsel and case manager of Ghanem Al Shamsi Office for Advocacy and Legal Consultancy, argued on behalf of the Iranian businessman that the complainant approached his client and asked for Dh20,000 for dropping the charges. But his client declined his offer, as he did not commit any wrongdoing.

According to the prosecution arraignment sheet, the accused introduced themselves to the complainant as top executives at an investment firm in the US.

The defendants claimed that they had invested the funds of interested individuals for high monthly revenues. And to prove their claims, they made a presentation for the complainant and other prospective investors, showing a video of their ‘investment portfolio’ and their firm’s business.

After handing over booklets detailing their investment project, they managed to persuade the complainant to pay them Dh50,000 for investment.

Hammouda argued that the whole case papers lacked solid evidence to corroborate the complainant’s claims that he handed over Dh50,000 to one of the accused. The complainant failed to give proof of this during the police and the prosecution interrogation, he said. “The complainant alleged that my client posed as the highest executive to whom all funds were transferred. He also alleged that he met with the defendants in April 2010. My client was not in the UAE during that time,” Hammouda said in his plea.

The defence counsel stressed that his client was implicated in the case even though he did not know or ever met the complainant as claimed the latter.

The police complaint was filed at the Port police station in January.

The Public Prosecution appealed the verdict at the Court of Appeal. The first hearing in the appeal was held on Thursday.

mary@khaleejtimes.com


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