‘My dad's not a criminal'

DUBAI: The family of Safi Qurashi, 43, a British citizen on a hunger strike in Dubai Central Jail, said their lives turned upside down after his arrest in January 2010.

It's been 25 days since Qurashi has reportedly refused food, joining a number of expatriates in Al Aweer prison demanding that their cases be reviewed.

"When we knew that he was taken to jail, my sister and I cried for three days," said his daughter Sara, 13, a Year 8 student of Jumeirah College. "We did not understand what the cheque laws were really about. But I know my dad is not a criminal." Sara said she tried to convince her dad to eat again. "He said he wants to eat his next meal only with us."

Qurashi's case highlights the impact on families affected by the property crunch.

Qurashi moved to Dubai with his family in 2004 and founded Premier Real Estate LLC, whose employees grew from a handful to over 100 during the boom years. He sailed in a 70-foot yacht, drove a Bentley and bought the island of Great Britain in The World project, a reclamation in the rough shape of a world map in Dubai. His children went to the elite Repton School.

His wife Huma said Safi still owns the Dh200 million island.

SECURITY CHEQUES

In May 2008, the London-born broker closed a Dh189 million land deal between a Russian buyer and a real estate company for a Dubai waterfront property developed by Nakheel.

The buyer transferred Dh189 million to Qurashi's company account and in lieu of that Qurashi issued two security cheques — one for Dh179 million and another for Dh10 million — to the buyer while the deal was being drafted by Nakheel. Qurashi gave the buyer's money to the seller after the deal was concluded and collected his agent's fees, Huma said.

The buyer received the papers bearing his full rights to the land in 2008 but had a change of heart when the credit crunch hit, said Huma.

"Safi's role was that of a go-between. When the crash took place, the buyer wanted his money back. While the deal pushed through, Safi's security cheques were not returned and were instead presented to the bank by the buyer. The ‘security' cheques obviously bounced."

Qurashi was arrested on January 15, 2010, and was sentenced to seven years in prison.

"It's been like a tornado that hit the entire family. We're very concerned about his health, which is rapidly deteriorating. He's been only drinking water," said Huma.

Huma and her children moved out of their four-bedroom rented villa in Jumeirah to her sister's house in Dubai in April.

Sara said she and her siblings are able to talk to her father daily when he calls for a few minutes once they are back from school.

"It took me some time to understand my dad's case, but he patiently explained it to us," she said.

"The world knows my dad is innocent but he is still in jail."

Qurashi's third case involved Dh7 million, said Huma. Qurashi was an investor in the islands of Moscow and Iraq in The World project. He paid a British developer Dh42 million in three cheques (two amounted to Dh35 million and one amounted to Dh7 million). The Dh35 million cheques were encashed.

In the middle of the agreements being drafted, the developer cancelled the project without informing Qurashi, and hurriedly left Dubai.

Qurashi requested the bank to stop payment for the third cheque of Dh7 million. Before leaving Dubai the developer left a power of attorney with a friend to open a cheque fraud case against Qurashi for the Dh7 million.

Once a bounced cheque is issued, there is rarely any defence that can be brought against it, said Habib Al Mulla, a Dubai-based lawyer. "The only legitimate defence is if you can prove the signature is forged. Other than that, it is almost definite the person who issued a bounced cheque will go behind bars," said Al Mulla.

"A mere cheque bouncing does not mean one has committed a cheque fraud," said Huma. "My husband did not run away from the UAE because he knew he had done nothing wrong. The Russian buyer wanted to collect his money twice. Qurashi is a victim of cheque fraud, instead of being the perpetrator of fraud. He should not have been jailed. That's why he's crying for justice."