'Verdict proves UAE judicial system efficient'

Dubai: Two Emirati men will each spend 15 years in prison for kidnapping and having sex with a 15-year-old French boy against his will, the Dubai Court of First Instance ruled on Wednesday.

Presiding Judge Fahmi Mounir Fahmi pronounced the verdict in the absence of the two adult accused, 35-year-old Emirati, A.K., [whose medical reports confirmed that he has Aids and Hepatitis], and his 18-year-old compatriot, I.M., who refused to be brought in from their detention.

"According to article 212 of the Criminal Procedures Law and articles 96, 97 and 98 of the Federal Penal Code No. 3, of 1987, the court considered the circumstances, evidences and the parties in the case and sentenced A.K. and I.M. to 15 years in jail. It also referred the victim's compensation claim of Dh15 million to the civil court," said the verdict.

The three-member panel of judges including, Presiding Judge Mounir, Dr Ali Hassan Galadari and Mansour Al Awadi, handed down what they considered a 'lenient punishment' [as mentioned in the verdict sheet].

The Public Prosecution charged A.K., I.M. and their 17-year-old compatriot, I.S., [prosecuted at Juvenile Court] with deceiving and kidnapping the 15-year-old boy, A.R., and his 16-year-old compatriot, F.K., by offering to drive them home.

They were charged with forcefully undressing A.R., threatening him with a knife and stick before having sex with him against his will. The Emiratis committed their crime while F.K. was kept outside the vehicle.

The judges explained in the verdict sheet that the boy was deceived, kidnapped and forced to have sex with his assailants.

Strong evidence

"We have considered the strong and corroborated evidence which was brought against the defendants and this substantiates the compensation claim. It is only the civil court that will assess the victim's real damages [which he sustained following the incident] especially that the medical results are expected soon. The defendants' denial is an attempt to escape the court's punishment. We rejected the defence lawyers' request to refer them for a psychological check-up. We also took into account I.M.'s young age [under 21] and A.K.'s conditions and reached this ruling," Judges Mounir, Dr Galadari and Al Awadi said.

Dubai Government's spokesperson in this case Dr Habib Al Mulla, of Dr Habib Al Mulla and Co Advocates and Legal Consultants, told Gulf News: "This judgment proves the position that we have continuously been making which is that we should leave the system to take its course.

"Today's judgment provides that the system has been efficient and has taken its course in accordance with international standards and norms. We hope that this judgement brings an end to this ordeal and proves to everyone that our judicial system is fair, efficient and works in protecting the interests of all the UAE populations including expatriates and locals."

"The sentence period is not less when compared to what would have been rendered in any other jurisdiction," he emphasised.

Dubai's Attorney General Essam Eisa Al Humaidan told Gulf News following the verdict: "The court is the side which decides on the suitable punishment. The Dubai Public Prosecution's role is to enforce the penal code and prosecute criminals who commit such terribly awful crimes which are considerably strange to our society. We ordinarily ask the court to apply the stiffest punishment applicable to combat all sorts of crimes and criminals."

Grim reminder: The incident

Records said the defendants picked the French boys from a mall. One of the suspects snatched A.R.'s cell-phone away from him when he dialed 999 shortly before he was attacked successively. F.K. was kept ten metres away from the car and the suspects watched him one at time during the sexual attack which happened near Al Barsha.