Dubai Criminal Court was not satisfied with the statements of the victim and the testimony of his wife

The innocence of a man and a woman from breaking into a house and assaulting its owner

The “appeal” upheld the acquittal ruling issued by the “crimes”.

Photography: Patrick Castillo

The Dubai Court of Appeal upheld a ruling by the Criminal Court that acquitted an (Asian) man in attendance and a woman of the same nationality in absentia from the charges of forcible theft of a man who claimed that three people broke into his house and assaulted him, and his wife supported his account, but one of the persons accused of the assault confirmed that he went He went to the victim's house to negotiate with him an amount that the latter owes to another person, and he was surprised by the victim beating himself and claiming that he was assaulted.

According to the case papers, the incident is based on a financial dispute, one of the parties to the victim, who stated in the investigations that he was sleeping in his residence with his wife and was surprised by the entry of three people, one of them punched him in the chest and he fell to the ground while the other two kicked him with their legs and separate parts of his body, and one of them demanded an amount of “two million” » But he did not specify the type of currency, so he told them that he did not have any cash, so they attacked him again and asked him to make a cash transfer, so he responded to them under duress and transferred 30,000 Chinese yen through an application, and given that his wife was at home and heard her husband’s screams, she called the police who came to the place.

His wife said in the investigations that she was in her bedroom with her husband when they heard a noise on the ground floor, so her husband came down to check what was happening and then heard his screams and saw three people attacking him while he was lying on the ground, and they forced him to make a money transfer.

A police witness stated in the investigations of the Public Prosecution that he interrogated the first accused in the incident and the latter informed him that the second accused “a fugitive” called him and asked him to monitor the victim for a thousand dirhams per day, and sent him his picture, so he stayed with him until he was sleeping in the car in front of his house, And sends his movements to the accused.

On the day of the incident, he stayed until late at night and then called her telling her that he was leaving because he felt tired and exhausted, but she asked him to wait because there were people who would come to the victim’s house to negotiate with him, and indeed three people came and entered the house, then he saw a police patrol coming after a quarter of an hour, so he left the place.

The policeman stated that the patrol moved to the place and found four men and a woman, and no one had any weapons, and it turned out that there was a financial dispute between the two parties.

For its part, the Criminal Court relied on the merits of its ruling on the fact that it doubted the validity of attribution of the charges, and considered that the incident had a different picture than the one presented by the victim, and considered that his statements were sent with no evidence of their authenticity or reassurance.

Especially since he was unable to identify the first accused and the accused woman, in addition to the fact that neither of them were at the crime scene, nor is she reassured about his wife's statements as they are just a repeat of his statements.

The court is also reassured by the testimony of a policeman who witnessed the incident and reported that he found an ambulance and the victim who stated that he was assaulted and another person accused by the victim of assaulting him and forcing him to transfer a sum of money, but the man confirmed that the victim fabricated the incident because he owed 150 thousand dirhams to a person and refuses To pay, the policeman asked the man who was standing with the victim to resort to the competent courts to recover the money. He also asked the ambulance employee about the condition of the victim and confirmed that there were no injuries.

Based on the defendant's denial and lack of confidence in the truth of the incident, the Criminal Court acquitted the accused man and woman, so the Public Prosecution appealed the verdict before the Court of Appeal, which upheld the verdict of the first instance acquitting the defendants.

"Emirates Today", via the "Courts" page, receives the consultations and inquiries of its readers to know the legal point of view in it.

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