Convicts lose appeal in biggest graft case

Dubai: Four convicts, serving 10 years in jail each for defrauding and embezzling Dh1.8 billion from Dubai Islamic Bank (DIB), lost their appeals on Wednesday.

The Dubai Appeal Court rejected the appeals lodged by four defendants, two British businessmen and two DIB former executives, Pakistanis, who were seeking to acquit themselves.

In April, the Dubai Court of First Instance jailed DIB's former financing department manager, U.H., 39, his deputy, R.U., 50, and the businessmen, C.M., 49, and R.L. 55, to ten years in jail and fined them fined Dh1.8 billion, the amount they are accused of embezzling from Dubai Islamic Bank (DIB).

The primary court handed the same punishment to two defendants, an American, Z.U., and a Turk, A.I., 37, both of whom are still at large.

The six convicts were additionally ordered to jointly repay the embezzled amount Dh1.8 billion to DIB.

"The court has rejected the appeals lodged by the defendants and prosecutors and upheld the primary judgment. The claimants in civil right [DIB's lawyers] will have to pay the fees of their civil lawsuit," said Presiding Judge Moustafa Al Shennawi.

Pronouncing the appellate judgment in the prime graft case handled by the courts since 2009, Presiding Judge Al Shennawi also confirmed the decision to deport the convicts after serving their punishments.

According to Wednesday's judgment, a 59-year-old British businessman, A.F., has been acquitted of charges of aiding and abetting the defendants.

DIB's lawyer Khaled Al Hamrani, of Essam Al Tamimi and Co., told Gulf News that they will appeal the judgment before the Cassation Court.

The charges against the convicts ranged from embezzling public funds [DIB's money], deliberately helping others to embezzle public funds, inflicting intentional loss to the government and its interests, and forging unofficial documents and using them to gain unlawful profits.

Presiding Judge Al Shennawi also confirmed a Dh7.2 million fine against U.H., R.U. and Z.U. (who is at large). They will have to jointly repay DIB the same amount [Dh7.2 million] because U.H. and R.U. were convicted of allowing Z.U. to embezzle the funds from DIB.

Dr Habib Al Mulla, U.H.'s lawyer, told Gulf News that he will appeal Wednesday's judgment before the Cassation Court ‘as soon as they study the appellate judgment's reasons'.

The court ordered all the defendants [except A.F.] to jointly pay Dh200,000 in temporary compensation to DIB.

Dr Al Mulla argued that prosecutors had added new charges but failed to heed an earlier jury's call for a fresh investigation to establish if there were any new suspects.

A.F.'s lawyer Salah Beloushi argued that the accusations against his client were unsubstantiated. He contended that prosecutors had failed to corroborate their charges with firm evidence against his client.

C.M. earlier exclaimed in court: "DIB has been repaid the amount [Dh1.8 billion] twice. Yet they are still claiming it for the third time."

Samira Gargash, R.U.'s lawyer, contended that her client had no connection to the forged receipts and transactions and hence asked the court to acquit him.

The appellate judgment remains subject to appeal before the Cassation Court within 30 days.