The Abu Dhabi Court of Cassation has overturned the Court of Appeal's ruling, which punishes a defendant accused of defaming a child during a private lesson, to hold a trial hearing during the appeal phase publicly and to set a hearing to be announced by the parties.
The Public Prosecution charged the defendant (Asian) with defaming the victim, who is under 14 years of age, by coercion, by placing her man on his leg, putting his hand under her clothes, sensing her body without her consent, and of engaging in a commercial activity without a license. It demanded that he be tried in accordance with the provisions of Islamic law, the articles of the Federal Penal Code and its amendments.
The Court of First Instance sentenced the accused to five years imprisonment, his deportation from the State, and a fine of 100,000 dirhams for the crime of conducting a commercial activity without a license, and obliging him to pay fees. Three years for the first charge, and fined 40 thousand dirhams for the second, and support him otherwise, and bind him fees.
The appellant appealed against the verdict by cassation, requested the assignment of a lawyer to defend him, and his assigned lawyer filed the appeal sheet.
In its ruling, the Court explained that the Court of Cassation is scheduled to address on its own grounds the invalidity of the public order, including issues relating to litigation and sentencing procedures, when it concerns the contested judgment, and the availability of the elements of its adjudication, even if not raised by the litigants in the case.
She pointed out that in all cases, the hearings are confidential in the crimes on offer, in order to achieve a public interest related to public morals and morals, pointing out that it is established in the papers that the crime of indecent assault assigned to the appellant of the crimes prescribed by law to be circulated in secret sessions However, the trial was held in public before the Court of Appeal, which decided to withhold the case for the verdict, which contravenes the provisions of the law that require the trial to be held in an open session. Procedure The appeal shall be overturned, a hearing shall be determined without consideration of the appeal, and the court shall rule on the appeal and the hearing shall be announced by the parties.