Top court orders retrial of former Deyaar executive

Dubai: Dubai's highest court on Monday ordered the Dubai Appeal Court to hold a retrial in a graft case involving a former Deyaar board member.

The Appeal Court had earlier amended the primary judgment - three years in jail and a Dh115 million fine - against 42-year-old Emirati S.A. to a one-year jail term and a Dh11.75 million fine after Deyaar waived its rights.

"The jury has overthrown the appeal verdict. A new panel of appeal judges will hold a fresh trial in the case," said the Dubai Cassation Court's Presiding Judge Mohammad Nabeel Riyadh upon pronouncing Monday's judgment.

The reasons behind the judgment will only be known after the verdict is typed, printed and signed by the Cassation Court's panel of judges.

In December, the Appeal Court handed out a verdict that was believed to be the first of its kind in graft cases since the Dubai Government launched its campaign against corruption in 2008.

Presiding Judge Mustafa Al Shennawi rejected Deyaar's two appeals after it, as the claimant in civil rights, dropped its case against S.A. and waived its civil rights.

"The court dismissed the Public Prosecution's appeal. Meanwhile the jury amended the primary judgment against S.A. and [changed it to] one-year imprisonment and [a] Dh11.75 million fine," read the appeal's verdict.

Lawyers representing Deyaar in the civil right case handed the court a written waiver in which they dropped the case against S.A. after a settlement was reached. The written waiver confirmed that Deyaar "did not incur any damages or losses".

S.A.'s lawyer Dr Habib Al Mulla presented two documents issued by the Ruler's Court confirming that S.A. was not assigned as a public servant when he served as a board member. The retrial date will be set soon.