Dubai: A British man, who was summoned to court for having consensual sex with a previously-married woman in 2008, walked out free after his case was dropped due to time lapse.

The Dubai Misdemeanours Court dropped the case of consensual sex against the British man after his lawyer argued that five years have passed since his client was summoned by Dubai prosecutors.

In 2008, the Dubai Misdemeanours Court sentenced the British woman [who was married then and had two children] to six months in jail followed by deportation.

In 2009, the Appeal Court reduced the six-month imprisonment to three months, which was later upheld by the Cassation Court in March 2009.

The British man did not stand trial as he was outside the UAE but his summon to appear in court remained.

In a recent visit to Dubai, he was arrested at the airport.

When the Briton showed up before the Dubai Misdemeanours Court earlier this month, he entered a guilty plea.

His lawyer Yousuf Hammad argued before the presiding judge: “My client is a married man and a father and lives a happy and stable life. His family depends on him. The last legal action that was taken against him happened more than five years ago. We ask the court to dismiss the case due to time lapse.”

Court records said law enforcement officers who searched the woman’s house seized a number of evidence (such as used condoms) which confirmed that the woman had sex with someone when her husband was away.

Prosecution witnesses confirmed that she cheated on her husband more than once.

Advocate Hammad argued in courtroom nine: “The defence will not discuss the details of the crime considering that it is more than five years old. We are seeking to have the legal action halted against the defendant and have the case dropped. My client’s family is waiting for him.”

In 2009, the Cassation Court ordered the woman defendant to pay Dh20,000 in temporary compensation to her husband then.

In a civil lawsuit that the ex-husband’s lawyer filed against the wife [who was later divorced], he accused the woman of cheating on the husband claiming that she inflicted emotional and psychological damages to his client.

In the case that created media frenzy in 2008/2009, prosecutors had accused the British woman of having sex out of wedlock with another man.

Advocate Hammad told Gulf News that the decision to drop the case remains subject to appeal.