Dubai: A lawyer surprised a court on Sunday when he presented documents proving that his client, charged with committing financial irregularities while serving as a former Deyaar board member, was not a public servant.

Minutes after the 41-year-old Emirati executive denied the new charges of abusing public office [in his capacity as a former board member of Deyaar], causing the company a Dh115-million loss, and unlawfully pocketing Dh11.75 million in the process, his lawyer Dr Habib Al Mulla presented the documents as part of his closing defence argument.

"Today we present two documents issued from the Ruler's Court confirming that my client, S.A., was not assigned as a public servant when he served as a board member… the documents also prove that Deyaar was unlisted among public companies. The Ruler's Court sent the two letters in reply to the Dubai Attorney General's enquiry," said Dr Al Mulla when he defended S.A. before the Dubai Court of First Instance.

At an earlier hearing, advocates Essam Al Tamimi and Abdul Moniem Bin Suwaidan, Deyaar's representatives in civil right, had asked Presiding Judge Al Saeed Mohammad Barghout to level against S.A. new charges relating to abuse of public office and wasting public funds.

"Not guilty," pleaded S.A. as he firmly rejected the new charges which were levelled against him in Courtroom Nine.

"The Ruler's Court is the highest administrative body that is capable and authorised to clarify whether S.A. was assigned to do a public service or not. The abovementioned amounts were not taken as illegal profits or bribes," argued Dr Al Mulla.

Partner-in-crime plea

Prosecutors had earlier charged S.A. with receiving a Dh11.75-million bribe in return for facilitating the sale of a property to his compatriot, E.J., — also a suspect in the case and still at large — and Emirati businessman, A.Z.

S.A. had earlier denied the charge of accepting a Dh11.75 million bribe to ease the process of selling the property. He also denied dealing in usury amounting to Dh16 million.

Bin Suwaidan earlier asked the court to consider A.Z. as a partner in crime of S.A. and E.J.

Dr Al Mulla argued that his client had not abused his power as a public servant, made unlawful gains, or accepted or requested a bribe. "Prosecutors failed to identify exactly, in the bill of charges, how my client abused his duty. The charges sheet was unclear, unspecific and did not contain any concrete or subordinate evidence. We also argue that the Financial Control Department's auditing report is void and groundless. The financial auditor who prepared the report also lacks the required technical expertise in the realty sector to issue such a report," he said.

At an earlier hearing, S.A.'s lawyer submitted in court a handwritten statement bearing the signature of Deyaar's ex-CEO, 45-year-old American, Z.S., declaring that S.A. didn't intervene in the property deal to benefit unlawfully.

Dr Al Mulla told the court: "Z.S. declared in the written statement that Deyaar's management took a decision to purchase a plot in Dubai Marina from A.Z. after conducting feasibility study which concluded that the building square foot price in that area was Dh300-Dh350 while the plot was bought for a very good price at the time, Dh250."

The verdict will be announced on March 14.