Surgeon to be sentenced in absentia for indecency

Dubai: A British laparoscopic surgeon, who refused to stand trial for flashing his middle finger to a residency officer in public, will be sentenced in absentia on September 12.

Presiding Judge Rifaat Tolba decided to sentence the 41-year-old British surgeon, J.W., in absentia after the defendant refused to attend three hearings before the Dubai Misdemeanors Court.

Prosecutors accused J.W. of indecently gesturing in public by flashing his middle finger to the 28-year-old Emirati residency officer following a road rage incident.

During Monday's hearing, Presiding Judge Tolba refused to accept a written defence from J.W.'s lawyer Abdullah Al Mudharreb. Monday marked the third hearing missed by J.W., who is on bail. However, following several attempts, the judge allowed advocate Al Mudharreb to give a brief verbal defence.

The lawyer argued in the courtroom that his client did not flash his middle finger and asked the court to dismiss the case and acquit J.W.

"Prosecutors and police failed to bring in any corroborated evidence against my client. The complaint was built up on the claimant's unsubstantiated accusation. It was his word against that of J.W. I ask the court to pronounce my client's innocence," contended Al Mudharreb.

Negative consequences

Court records showed that 28-year-old S.S. complained to police that J.W. flashed his middle finger while he was driving his car along with his son. During Monday's hearing, Al Mudharreb presented a written letter, issued from his client, in which J.W. confirmed that he won't attend the trial because of what he described as the negative consequences of the litigation process.

Presiding Judge Tolba accepted the letter in which the defendant also explained how the incident happened.

The surgeon claimed in his letter that he was not ready to experience again what he has already been through [hinting at the period during which he was detained and questioned by police and prosecutors].

According to the UAE's Criminal Procedures Law, a suspect is sentenced in absentia if he/she fails to attend the court proceedings. J.W. missed three consecutive hearings since the case was referred to the Misdemeanors Court in June.

Despite the fact that Presiding Judge Tolba was exceptionally lenient with the Briton and granted him three adjournments to show up in court, the defendant failed to attend Monday's trial.

Prosecution records showed that the defendant, who is a renowned consultant, colorectal and laparoscopic surgeon, in a central hospital in London denied the charge and claimed that S.S. misunderstood what happened.

"I was in my car with my wife and children and drove in a street where there were road projects. The claimant repeatedly flashed his high beam behind me. Ahead of the road projects, the claimant drove parallel to my car and opened his window. He switched on the light in his car. His attitude annoyed me. I waved both of my hands asking him what he wanted! Police summoned me later and said S.S. complained that I showed him the middle finger," J.W. claimed to prosecutors.