Merchant seeks acquittal in trial over nuclear-quality graphite

Dubai: A Canadian merchant is seeking to acquit himself of importing graphite powder which prosecutors claimed is required for military industries and possibly used to manufacture weapons of mass destruction.

Prosecutors accused the 56-year-old merchant of importing 8,250 kilograms of natural graphite powder of 87.3 per cent purity, the level which is required for nuclear and military industries and which maybe used to manufacture weapons of mass destruction.

Records said 56-year-old H.A. intended to export the substance to Iran.

His lawyer Uday Al Kazwini, of Dar Al Balagh Advocates, asked the Dubai Misdemeanour Court yesterday to clear his client due to lack of any corroborated evidence.

"Prosecutors failed to include in the arraignment sheet, any piece of evidence that could corroborate the charge. On the contrary, prosecutors produced an unfounded accusation against my client. We would like to confirm to the court that the natural graphite flake, that's used in producing paints and brake pads, is not banned internationally … it's the manufactured graphite that is banned.

"Prosecutors failed to carry out a proper investigation and they simply relied on one telephone call… thereafter they alleged that H.A. violated a treaty that forbids importing and/or exporting internationally-banned substances," Al Kazwini said before Presiding Judge Zakaria Abdul Aziz in courtroom five.

When H.A. appeared in court earlier, he confessed to importing the graphite but denied having any intention of violating the treaty.

Court records said a businessman sent from China to Iran a consignment of natural graphite substance that is used for paints and brake pads. When the consignment reached Bandar Abbas Port, the Iranian authorities refused to allow it to berth because the company sending the consignment failed to provide sufficient funds for the letter of credit.

The ownership of the consignment had to be changed as per a new power of attorney, hence the consignment was supposed to go out of Bandar Abbas Port and reenter with a new name.

The businessman asked his friend, H.A., to do him that favour. The consignment was imported to Jebel Ali Port, where customs seized it because it contained what they described as "an internationally-banned powder."

A verdict will be issued next month.