Judge cites lack of corroborating evidence in parking lot dispute case

Dubai: The Dubai Court of First Instance has acquitted a European woman of charges of committing a public indecency offense, ruling that the evidence presented by prosecutors did not meet the legal standard for conviction beyond reasonable doubt.
The verdict, delivered on October 15, 2025, cleared the defendant of accusations that she made an obscene hand gesture — raising her middle finger — toward another European woman during a parking dispute in Dubai’s Business Bay earlier this year.
The court found that the accusation relied solely on the complainant’s statement, unsupported by any physical or documented evidence, and contradicted by multiple defense witnesses. In accordance with Article 212 of the UAE Criminal Procedure Law, the court ruled that doubt must be resolved in favor of the accused, granting her a full acquittal.
Court documents show that the case arose from a parking lot altercation between the European woman defendant and a European woman complainant, who was accompanied by her mother and nephew.
The complainant alleged that the defendant’s car was blocking her exit. When she honked her horn, the defendant’s husband allegedly opened her car door and shouted at her, after which the defendant reportedly raised her middle finger.
The complaint, filed at Bur Dubai Police Station, led prosecutors to charge the defendant under Federal Decree-Law No. 31 of 2021 on Crimes and Penalties, which criminalizes acts that offend public decency.
Although the complainant formally withdrew her complaint on May 27, 2025, the Public Prosecution continued the case, citing its relevance to public rights.
The defendant denied the charge during the hearing, telling the court that she had been holding her child and had only gestured toward her stomach to indicate she could not move immediately.
Her defense, led by lawyer Mohammed Abdullah Al Redha, argued that the prosecution’s case relied solely on “a single, unverified testimony,” while the defense presented two witnesses who directly contradicted the accusation:
A building security manager testified that he had personally reviewed the building’s CCTV footage and saw no indecent gesture.
A domestic worker present with the defendant also testified that no such gesture occurred.
The defense further noted that surveillance footage, which could have provided conclusive evidence, was never submitted or reviewed by investigators.
The court dismissed the testimony of the complainant’s mother, citing procedural irregularities. She was questioned without a sworn translator, despite not being fluent in Arabic, making her statement legally unreliable. The judge noted that her testimony merely repeated her daughter’s claims, reducing its evidentiary value.
The court reaffirmed the presumption of innocence, emphasizing that conviction in criminal cases requires certainty, not suspicion or conjecture. The ruling stated:
“It is sufficient in criminal trials for the court to have doubts about the validity of the accusation against the accused to rule for their acquittal.”
After reviewing the evidence, the court concluded that the prosecution had failed to prove guilt beyond reasonable doubt. The testimonies of two defense witnesses, combined with the absence of documenting evidence, created significant doubt about the charge’s validity.
Consequently, the Dubai Court of First Instance fully acquitted the European woman defendant, issuing its verdict on October 15, 2025, and subsequently ordered the lifting of the travel ban, which was officially removed on October 30, 2025.
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