Dubai woman steals Dh1m in gold given by sister

Dubai: A Dubai woman who entrusted a large quantity of gold jewellery to her sister out of fear that her ex-husband might seize it has won a breach-of-trust case after the sibling refused to return the valuables, which she claimed were worth around Dh1 million.

What began as a family precaution escalated into a complex legal battle that reached the Court of Cassation. The emirate’s highest court upheld the conviction of the sister who received the gold, finding her guilty of breach of trust. In the civil claim, however, the court awarded only Dh100,000 in compensation, ruling that the claimant failed to prove the actual quantity and value of the jewellery allegedly taken.

Court papers show the dispute dates to 2017, when the claimant handed her sister a significant amount of gold jewellery for safekeeping during a dispute with her former husband, Emarat Al Youm reported. The pieces included rings, necklaces, full gold sets in yellow and white, children’s jewellery and various bracelets. She estimated their value at the time at around Dh300,000.

Years later, in 2023, the woman asked for the gold back, but her sister refused, prompting her to file a breach-of-trust complaint. The criminal court convicted the defendant, fining her Dh10,000 and ordering her to repay Dh300,000, the alleged value of the jewellery. The civil aspect of the case was referred to the competent court.

The defendant appealed and briefly secured an acquittal, but the Court of Cassation overturned the ruling and sent the case back to a different appellate panel. The second appeal ended with a fresh conviction and another Dh10,000 fine for breach of trust. However, the court declined to order restitution of the gold’s value, saying the claimant’s valuation was unsubstantiated.

The claimant later filed a civil suit seeking Dh931,712, which she said is the current value of the gold, claiming a total weight of more than 2.25 kilograms, in addition to Dh500,000 in damages.

The defendant filed a counterclaim, offering to deposit a collection of gold items at court which she said belonged to her sister. When the items were presented, the claimant acknowledged only two pieces as hers and rejected the rest.

The civil court dismissed the counterclaim, noting that the items produced did not match the type or number described in the original lawsuit. It stressed that the burden of proof rests with the claimant, who failed to provide invoices, appraisals or detailed descriptions to substantiate the value or weight she alleged.

Even so, the court said the criminal conviction carried full evidentiary weight regarding the occurrence of the offence and the defendant’s responsibility. It ruled that the claimant had indeed suffered financial loss through being deprived of her jewellery or its value, as well as emotional harm arising from the betrayal of trust between two sisters.

Balancing the proven harm against the lack of reliable evidence on valuation, the court ordered the defendant to pay Dh100,000 in material and moral damages, plus legal interest.