Dubai: A pilot, who was caught on camera exposing himself and committing a lewd act on the balcony of a five-star hotel in Dubai Downtown, has won a suspended jail term.

In November, the Dubai Misdemeanours Court jailed the American pilot for a month after he was convicted of committing an indecent and lewd act in a public place.

When the American showed up before the Dubai Appeal Court, he entered a not guilty plea and firmly refuted the accusation.

Citing grounds of leniency, the Appeal Court suspended the defendant’s one-month jail term for three years on the condition that he does not repeat the crime.

The appellate court handed the defendant a lenient punishment after his three lawyers argued that law enforcement procedures were carried out unlawfully against their client.

A Nepali security guard was on duty when he spotted the defendant exposed and gesturing lewdly outside his hotel room.

Records said the Nepali guard immediately approached the hotel’s security supervisor and informed him.

The head of security went to check the scene and when he saw the American man, he photographed him mid-act.

Records said when the hotel’s security guard went to the man’s room to ask him to stop, he did not answer the door.

The Nepali witness testified to police interrogators that he heard a number of hotel guests and residents, who lived in residential units around the hotel, shouting when they saw the defendant on the balcony.

Prosecutors produced the photos that exposed the accused standing in the balcony and committing the lewd act as material evidence against the defendant.

The hotel’s head of security told police interrogators that the defendant had been reprimanded earlier for similar behaviour.

“We received a number of complaints from guests and tourists, who stayed at the hotel, which had spotted the defendant repeatedly doing the same lewd act on the balcony. The American promised the hotel management not to repeat it and signed an undertaking in which he promised not to repeat the lewd behaviour,” claimed the head of security.

However lawyers argued before the appellate court’s presiding judge Adnan Al Farra that their undertaking did not bear any official signature.

Lawyers also argued that their client was photographed without prosecutors’ permission.

They even contended that prosecution witnesses’ statement were inconsistent.

“My client was not aware that his behaviour is a lewd act in public and incriminated as per UAE[’s] laws. He did not intend to break the law. Besides the police lieutenant, who questioned my client, coerced him to confess after he bogusly promised not to take legal action against him if he pleaded guilty. But the lieutenant did the opposite,” argued one of the lawyers.

According to the appellate ruling, the defendant will be deported.

The ruling remains subject to appeal before the Cassation Court within 28 days.