Higher court overturns ruling to acquit former UAE minister

Dubai: The highest court in Dubai on Sunday overturned the acquittal of an ex-minister and two managers of defrauding a Lebanese businesswoman and ordered a new judges' panel to hold a retrial soon.

The Dubai Court of Cassation scrapped the acquittal of an Emirati former state minister, K.B., American general manager, S.A., and Indian financial manager, P.M., and ordered a new panel of appeal judges to hold a retrial before the Dubai Appeals Court.

However, the court rejected the appeal submitted by the Dubai Public Prosecution and M.J, the Lebanese businesswoman, to overturn the acquittal of the former minister charged with breach of trust.

The Court of Cassation's verdict came after the eight-judge panel heard the arguments of the defendants' lawyers and M.J.'s, legal representative in civil rights, advocate Essam Al Tamimi.

"The appeals verdict came to inconsistent conclusions ... it should have discussed the acts of deception, swindling, duress and lies which the defendants allegedly exerted against M.J. to lure her into signing the waiver agreement. She was coerced ... because the company had commitments and responsibilities outside. She sustained major financial and moral damages," Al Tamimi earlier argued.

"My client didn't defraud or deceive the businesswoman... before she willingly waived her stake. When she signed the wavier agreement she was fully aware that K.B. was her brother's partner," K.B.'s lawyer Samir Jaafar defended.

On May 28, the Dubai Appeals Court acquitted the ex-minister and two managers of swindling and misleading the woman in order to waive her stake in the IT company.

Appeals Judge Mustafa Al Shennawi scrapped the initial verdict - a two-year jail term for each of the defendants - and acquitted K.B., S.A. and P.M.

The Public Prosecution and Al Tamimi appealed that ruling before the Court of Cassation.

The ex-minister and two managers denied their charges.

The Court of Cassation ordered the defendants to pay Dh5,000 in court fees and to pay lawyers' fees as well.

Meanwhile the claimant in civil rights has been ordered to pay Dh2,000 in court fees against the appeal which was lodged citing the crime of breach of trust.