Dubai Four lawyers representing the defendants yesterday took strong objection to an audit manager's "faulty and groundless auditing report" in a case of alleged corruption at Tamweel.

Defending five executives, three of whom are Emiratis and two Jordanians, the lawyers argued in their closing arguments before the Dubai Court of First Instance that Egyptian audit manager M.M. [of the Rulers Court's Financial Control Department] had submitted what they described as a "worthless, inconsistent and baseless" report.

The four former Tamweel executives, 38-year-old Emirati A.A. [ex-CEO], his two compatriots, 44-year-old A.N. [ex-commercial president] and 40-year-old S.M. [ex-executive director] and 28-year-old Jordanian, F.K. [investment department's ex-director], besides Bonyan Holding's 33-year-old Jordanian ex-board chairman A.S., earlier pleaded not guilty to charges of abusing public office, diverting public funds, bribery and financial irregularities and revealing confidential company secrets.

Defending A.A., F.K. and S.M., advocate Dr Habib Al Mulla asked Presiding Judge Fahmi Mounir to reject M.M.'s report and appoint an independent committee of financial experts to look into the case and issue a new financial report.

"We ask the jury to include in the committee a financial accountant, financial controller, financial auditor, experts specialised in pricing lands and properties and realty mediator… their duty is to revise a partnership deal signed between Tamweel and Bonyan," said Dr. Al Mulla.

Prosecutors had charged A.S. of offering a bribe of Dh41.7 million worth of property to A.A. and A.N. to get the deal approved. Prosecutors charged A.S. with offering three plots of land as bribes to A.A. and A.N.

Amended chargesheet

Dr Al Mulla said in his defence of A.A.: "Prosecutors amended the original chargesheet [six months after the trial started] after realising that the original charges were not strong and corroborate enough to indict the suspects… the suspects were not identified as public servants in the original chargesheet. Prosecutors failed to produce any documents to confirm that the suspects were public servants."

He argued that Tamweel is a private company and not a public establishment.

Advocate Hamdi Al Sheewi, defending A.A., argued: "The financial report is void… Tamweel is a private company and prosecutors failed to prove otherwise and Dubai Government owns less than 25 per cent of Tamweel [which makes it private]. Besides, the Egyptian audit manager did not obtain permission from the Public Prosecution to inspect and prepare his report."

Al Sheewi also asked the court to assign an independent committee of experts to prepare a new report.

Dr. Al Mulla and Al Sheewi pointed out that M.M.'s report contained errors and inconsistent findings.

"M.M. committed a dreadful mistake [which he has not committed in any of the other corruption cases] when he contradicted his prosecution statement by the one he gave in court. He gave different figures concerning the alleged profit which was taken by the suspects," said Dr Al Mulla.

A.S.'s lawyer Samir Jaafar said that the financial report contained countless mistakes and the findings were "unsubstantiated". "Prosecutors failed to prove that my client was given a public-service duty. No bribe was offered," he contended.

A.N.'s lawyer Abdul Moniem Bin Suwaidan argued: "He was not involved in the partnership agreement between Bonyan and Tamweel… that's what M.M. testified before the jury. The audit manager gave an incoherent statement."

Presiding Judge Mounir will give a judgment on May 30.