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Dubai court upholds engineer's jail term

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Dubai: An aviation engineer failed to be acquitted for indecently gesturing in public at two plainclothes policemen.

The Dubai Court of Appeal upheld a six-month suspended jail term against the 59-year-old French engineer, D.M., and convicted him of flashing his middle finger in the faces of two Emirati policemen while driving on Business Bay Bridge.

When D.M. appeared before the appellate court, he pleaded innocent. The accused sought to be acquitted. The court rejected his appeal and confirmed the primary judgement. The defendant also faces a deportation order.

His lawyer contended that his client did not have any criminal intention. "In the West, it's an Anglo-Saxon habit that someone flashes his middle finger unlike in our culture…where it is an act punishable by law. The two cultures differ," his lawyer argued before the appeal court.

The appellate judgement remains subject to appeal before the Cassation Court within 27 days.


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Blacksmith bit off part of roommate's ear, court told

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Salam Al Amir

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DUBAI // A blacksmith admitted to biting off his roommate's right ear, leaving him permanently disabled, a Dubai court heard this morning.

SM, a 22-year-old Indian, told Judge Hamad Abdul Latif he did not start the fight with RN, 35, also Indian. But he admitted to biting the tip off of RN's right ear, leaving him 1 per cent disabled.

He is charged with assault and illegal alcohol consumption.

Records show that at midnight on August 18, the men, who shared a room, began fighting.

RN testified that he had known SM for more than a year, and both lived in the same room at Al Fatah Contracting Company in Muhaisenah 2.

He said that on the night of the incident, SM entered the room extremely drunk.

"He attacked me and bit my ear. I tried to push him away from me, but he had his teeth tightened on my ear to the extent that when I pushed him away, he cut its tip off," RN told prosecutors.

He denied assaulting SM, and said that his screams brought an Egyptian colleague to the room, who saw the bleeding and called police.

"I don't know his reasons for attacking me," RN said.

SM said they both were in the room consuming whisky together when a dispute erupted over where they ate. He said RN attacked him first.

A verdict is scheduled for October 27.

salamir@thenational.ae


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Three in court over deaths, injuries at Dubai steel factory

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Salam Al Amir

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DUBAI// Two workers died and five more were injured when they were splashed with molten steel from a furnace at a Jebel Ali steel factory, a court was told today.

SH, 47, MA, 41, and DK, 42, all from India, have been charged with causing the deaths and injuries to the workers by failing to provide the victims with safety equipment while working at the factory.   

They denied the charges when they appeared in the Dubai Court of Misdemeanours.

Prosecutors said the defendants caused the deaths of Indian nationals FP, 28, and PD, 30 by allowing them to work in a danger zone without ensuring that they wore their safety suits and without providing them with the proper supervision.

They also face charges of causing injuries to SN, 47, SS, 22, AJ, 37, RS, 38, and SK, 24, who were working with the deceased on the day of the incident but miraculously escaped death by being further from the furnace door.

Following the accident on November 8 last year, the factory’s manager signed an undertaking to introduce more safety procedures and to install curtain walls around each furnace to confine accidents.

Defendant DK, a furnace operator, said that the furnace operated 24 hours a day. Around 1am on the day of the incident the workers were loading the furnace as others cleaned the area surrounding it.

He said a piece of steel flew in the air and fell into the furnace causing the molten steel to splash onto the victims.

“I’m not guilty, what happened was merely an accident,” said DK.

SH also told prosecutors that while a crane driver was pouring metal scrap into the furnace, the molten steel splashed onto the workers. About 200kg of steel scrap was loaded into the furnace in every operation.

The men were rushed to Rashid Hospital where two died and the rest suffered burns of between 8 and 10 per cent to their heads, arms, abdomens, backs, chests, and feet. The medical report in the case file said the burns to the injured men were of first and second-degrees and caused no permanent disability.

The cause of the accident was not identified in records but the injured workers attributed it to extreme pressure and an overload in the furnace.

The hearing will continue next month.

salamir@thenational.ae


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Taxi driver mugged, robbed, court told

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The National Salam al Amir

DUBAI // Five men mugged a taxi driver for his wallet, personal documents and mobile phone, a Dubai court heard this morning.

According to Criminal Court of First Instance records, JK and FK, both 26; KK and MA, both 22; and FM, 19, all Pakistanis, admitted to charges of assault and theft during prosecution investigations.

Records show that at noon on February 2, the men and a juvenile accomplice attacked AK, a 45-year-old Pakistani taxi driver, and stole his belongings.

AK told prosecutors that while he was walking alone in the Naif area, the men knocked him down and one of them tied his hands behind his back. The rest stole his wallet, which had Dh725 in it. They also took his Nokia mobile phone and his IDs, he testified.

MA, a 28-year-old first lieutenant, told prosecutors that AK lodged a complaint at Naif police station directly after the incident. Police suspected the five men and when they arrested them, they found some of AK's stolen items, he testified.

The hearing was adjourned until June 12.

salamir@thenational.ae

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Five men tied him up and took his belongings, he tells prosecutors.


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Andal Ampatuan makes first court appearance on massacre charges

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Agence France-Presse

MANILA // The head of a powerful Philippine clan pleaded not guilty yesterday to murdering 57 enemies and journalists.

In his first court appearance on charges of masterminding the country's worst political massacre, the 70-year-old Andal Ampatuan Snr faced more than two dozen relatives of the victims in the heavily guarded courtroom.

He nodded when asked if he understood the charges read out to him, as the judge, Jocelyn Reyes, ordered the trial to proceed after denying Mr Ampatuan's last-minute appeal to delay proceedings.

"Not guilty", Mr Ampatuan muttered to jeers from emotional family members of the victims who had packed the small room.

The Muslim clan patriarch, his son and namesake Andal Ampatuan Jnr and four relatives are among more than 80 people arrested and charged with murder over the November 2009 massacre of 57 people, 32 of whom were journalists.

After the trial got under way, police announced that two more suspects, an ex-policeman and an armed Ampatuan follower, had been arrested in the southern province of Maguindanao, where the killings took place.

More than a hundred other suspects, including Ampatuan relatives and members of a government-armed militia that worked under the family's direct command, remain at large.

The court has yet to read the charges against 21 of those in custody, and legal experts had earlier warned that the trial would stretch for years in the notoriously slow Philippine justice system.

The victims and some of their vehicles were found buried in mass graves in a deserted farm on a hillock, near an excavator, which bore the Ampatuan patriarch's name.

A witness earlier said that the Ampatuans had planned the killings six days beforehand, with the patriarch telling the group to make sure the murders were carried out carefully. The Ampatuans, who had ruled Maguindanao for a decade, are alleged to have ordered the murders to stop a rival from challenging Mr Ampatuan Jnr for the post of Maguindanao governor in last year's elections.

On Wednesday, relatives of the victims crowded into the courthouse, built in a suburban Manila jail compound specifically for the trial,- and cried and shouted as Mr Ampatuan Snr was ushered into the courtroom in handcuffs.

Juliet Evardo, 50, mother of one of the murdered journalists, cried during a break in the hearing as she recounted how she felt when she saw Mr Ampatuan Snr.

"How can he plead not guilty when the backhoe [excavator] bore his name?" Ms Evardo said.

Ms Evardo's 24-year-old son, Julito, was a television editor who defied her appeals not to join supporters and relatives of a rival candidate on their ill-fated convoy to submit candidacy papers to the local election watchdog.

Esmael Mangudadatu, the rival Maguindanao politician who was elected governor after the massacre, expressed satisfaction that his wife, sister and other relatives, who were among the victims, would finally get justice.

The Ampatuans had ruled Maguindanao under the patronage of former president Gloria Arroyo, who rights monitors said had allowed the clan to keep a large private army as a proxy force against Muslim rebels.

Mr Mangudadatu, meanwhile, said members of the Ampatuan private army were among the suspects still at large. They were continuing to harass witnesses, he said, including one man who was shot and a woman they allegedly raped.

Mr Mangudadatu said these witnesses "are now out of danger and will continue to testify" and added that "this illustrates the lingering power of the clan".


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Worker took bribes to funnel business, court hears

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Salam al Amir

DUBAI // A 44-year-old sales representative at European Sea Food Company took a Dh181.670 bribe as part of a scheme to extort companies dealing with her employer, a court was told this morning.

The Filipina VP also denied charges of stealing Dh155,000 from her employer as well as forging bills. Her colleague and compatriot RL, 33, an accountant at the same company, denied the same charges before the Dubai Crimnal Court of First Instance this morning.

But they both allegedly confessed during prosecution investigations.

According to prosecution records, LK, a Filipina colleague of the defendants, testified that in February, RL offered her a chance to join in a side business with VP.

LK, 38, told prosecutors that RL said the business involved forcing illegal fees on customers and companies that deal with their employer.

MM, a 48-year-old Tanzanian businessman, testified that one of them asked an employee at his company to join them as well, but, she informed him directly.

Prosecutors presented a financial audit report they say proves the two women stole money from the company.

The next hearing was scheduled for June 19.

salamir@thenational.ae


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Man rammed police car during high-speed chase, court told

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Salam al Amir

DUBAI // A man caused nearly Dh150,000 in damage to a police car when he rammed it during a chase on Sheikh Zayed Road, then fought with officers trying to arrest him, a court was told this morning.

The Emirati HM, 23, is also charged with assaulting his wife, MA, 25, and endangering her life as well as those of police officers as he drove MA's car recklessly through Dubai last summer.

According to records, on July 25, as MA was leaving her job in Dubai, HM got into her white Hummer, slapped her and took the wheel. He then sped down Sheikh Zayed Road before a police patrol spotted him and chased him onto back roads.

WN, a police officer who chased the Hummer, said HM drove on pedestrian walkways and rammed a police car from the side and the back. He added that HM stopped the vehicle when he reached his residence and WN tried to arrest him, but was attacked by HM's brother AM, 26.

"The other officers restrained him but he managed to kick me in the leg," WN said.

AM and a friend, AJ, are separately charged with assaulting police officers. HM's sister AMH, 26, is accused of coming out to the car and insulting MA.

The next hearing was scheduled for June 26.

salamir@thenational.ae


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Court orders drug smuggler to prove his age

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Dubai: A court is waiting to find out if a suspect is under 21 years old, to decide whether to grant him leniency, after he confessed to smuggling 3.1 kilograms of heroin in transit.

Prosecutors charged the Pakistani passenger, who records show is under 21, with possessing heroin and smuggling it via Dubai International Airport. The suspect, M.A., pleaded guilty in the Dubai Court of First Instance.

Presiding Judge Hamad Abdul Latif Abdul Jawad adjourned the case until prosecutors provides an official document that confirms M.A.'s exact age. The defendant said he was born on September 19, 1992.

According to the charge sheet, prosecutors said M.A. unlawfully brought two plastic bags of heroin which he intended to smuggle to Bangkok. According to the Criminal Procedures Law and Penal Code, a judge has the discretion to consider a suspect's young age [below 21 years] as a factor of leniency.


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Court jails two men for 'consensual' sex with woman

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Dubai: The Dubai Court of First Instance Thursday acquitted two men of kidnap but convicted them of having consensual sex with a Turkmen businesswoman, who claimed they raped her.

The court jailed the defendants, M.G., a 41-year-old Russian businessman, and T.Q., his 26-year-old Tajik friend, for one year after modifying the charge from rape to consensual sex.

Presiding Judge Hamad Abdul Latif Abdul Jawad also jailed M.G. for an additional month and fined him Dh5,000 for assaulting the 26-year-old businesswoman. He faces another month in jail for consuming liquor as well.

"The accused will be deported after serving their punishments. The court has also overthrown the claimant's civil lawsuit," said Presiding Judge Abdul Jawad, pronouncing yesterday's verdict in courtroom four.

Earlier, defending himself in court, M.G. has argued: "That is absolutely not true. I didn't rape her or lock her up in a villa against her will. We had consensual sex."

His Tajik friend, T.Q., contended: "I am not guilty. Her accusations are baseless and malicious. I did not rape her. It was consensual sex."

Prosecutors had charged M.G. with kidnapping the businesswoman, N.A., and locking her up in his villa against her will. M.G. and T.Q. were jointly accused of raping N.A., while the Russian was also charged with consuming liquor. M.G. admitted that he consumed two beers.

N.A. testified that she got acquainted with the businessman in Sharjah Airport eight months prior to the incident.

"When I met him, he gave me his number and asked me to call him anytime I needed a lift… I lived in Bur Dubai and worked in Naif. He drove me from home to work several times during a period of eight months. On the day of the incident, he did not drop me home but took me to his villa and locked me up. He repeatedly asked to have sex with me, but I refused. Then he beat me and raped me repeatedly while he kept me at his place. The next day T.Q. came with him and he raped me as well," N.A. claimed to prosecutors.

According to her statement, N.A. said she failed to escape, from the house because it was properly locked. She claimed she could not resist the defendants while they were raping her because they overpowered her.

The court dismissed her civil lawsuit in which she sought Dh20,000 in temporary compensation against alleged emotional and psychological damage.

The verdict remains subject to appeal within 15 days.


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