Showing posts with label Dubai Criminal Law. Show all posts
Showing posts with label Dubai Criminal Law. Show all posts

Sunday, 19 December 2010

Please Dubai stand up for justice - Safi Qurashi

The letter below is from Safi Qurashi where he
has beatifully explained who actually has broken the law and who has
been labelled a criminal.

Safi Qurashi in the letter below has given a clear analogy of how in
his case the victim has become the criminal and the criminal has become
the victim!

source Justiceformydad.com

Imagine the following scenario:

A thief breaks into your house, tries to steal your belongings and whilst he is trying to steal you wake up, catch him and lock him in one of your rooms and call the police. The thief, knowing that he is in trouble also calls the police. The police arrive at your home.
Now there are laws that have been broken:

1.    Law says it is a crime to lock someone up in a room without their will
2.    Law also says that stealing is a crime
3.    Law states that breaking into a house is a crime
4.    Law says lying to the police is a crime
5.    Law says you are allowed to protect yourself against a thief.

Imagine that when the police arrive you, the homeowner are arrested, because of Law Number 1 whereas all other laws are ignored.
Imagine when arrested the police only ask you that did you lock a man in your house and upon saying “yes” you are sent to prison.
Imagine the police, prosecution and courts never asking the thief what he was doing in the house!
Imagine you have CCTV proving he broke into your house, you have several eye witnesses who say they saw the thief breaking into your house.
Imagine you have have proof that he had already loaded his car with your belongings which he had stolen and was about to get away, but the judge refused to allow you to present these facts, denied your witnesses and never once questioned the thief if his story was true.
Imagine the thief getting away with his crime and stealing your belongings and you get sentenced to 7 years in prison!
Can you imagine this?  Is this justice?
Does a modern society with a legal system call this a fair judicial process?

For 11 months my family have been trying to find someone in Dubai who can understand this point, but because the courts are so heavily in favour of
sentencing those accused of bouncing cheques no consideration was given
to my evidence.

All we hear is that the law has been broken, we don’t care about the reasons behind it , you signed the cheque? Do they mean they don’t care that someone tried to cheat me, they don’t care that someone lied to the police, prosecutor and judge, they don’t care that maybe the bank or at least one of its staff acted fraudulently, they don’t care if a lawyer broke the law, they don’t care about all the
evidence I have to support my claim, they don’t care about the fact that my cheques are not bounced cheques!!!!!

We have heard the prosecutor say why didn’t I let him steal from me and let him get away and then I should have called the police! Really!
You see a crime and don’t stop it, is this the poicy of crime prevention or has crime prevention become a crime in itself?

How can so many laws be ignored to uphold 1 law?
How can crucial evidence be ignored?
How can an obvious criminal act be ignored?
How can perjury not be a crime?
Why was my judicial process so one sided?

Anybody and everybody around the world who takes 5 minutes to read my case evidence comes to one conclusion….That I am innocent


Here are some facts:
1.Bank  confirms that cheques were NOT Valid for payment partly
becuase they  were stopped by the police and therefore never BOUNCED
2. Police report filed against the complainer
3.Audit Trail Showing money to the seller with bank receipts and proof of payment
4. Transfer Document showing that the buyer had requested to transfer property into their name
5. Valid Agreements and MOU’
6. UAE Commercial transactions Laws that protect business transactions are being ignored
7. The intent has to be there to break the law, if the evidence
proves that no intent was there then why is it that the judicial system
has labeled me a criminal?

I for one agree that if you break the Law then you should understand the consequences, but if I did not break the Law then why am I in jail?

We can prove that Penal Code 401 was not broken since the bank never cashed or bounced the cheque but instead returned them as invalid, but no-one wants to listen because apparently it’s too late!

Me and my family were repeatedly told  to rely on the courts process , our lawyers and the appeals system! We placed our trust in the system but there has been a misacarriage of justice and I am hoping the Dubai Authorities will investigate and bring the real criminals to the stand.

I am asking the authorities that govern the judicial syste in the
U.A.E to review my evidence, please speak to my family, my legal
representatives and question the complainants. 

I ask the courts to
question Nakheel and Emirates NBD and check all the financial
documentation and Agreements.

Dubai is a beautiful Emirate and it has achieved so much.

Your vision, I shared. Your values I shared, but today 3 innocent men are behind bars and the trust I placed in the judiciary system has let me down.

The system has been manipulated and abused by criminals and they have gotten away clean and free!

Please Dubai stand up for justice and free Dubai from those
who abuse it’s laws and falsely imprison innocent people and punish
them severly for they are openly mocking the judicial system of one the
most popular, safest, multi-cultural and dynamic cities in the World,
which is governed by one of the greatest visionary Rulers!
Safi Qurashi




Wednesday, 15 September 2010

Dear Sheikh Mohammed bin Rashid al Maktoum od Dubai

Sara Qurashi has written an Eid Letter to Sheikh Mohammed. The 11 year old Girl from Dubai is still waiting for an answer, an reaction or a gesture of his Highness.


Wednesday, 11 August 2010

Jailed in Dubai Debtors Prisons

source Bloomberg

Reporter on this story: Henry Meyer in Dubai at hmeyer4@bloomberg.net; The editor responsible for this story: Peter Hirschberg

Not long ago, British businessman Ryan Cornelius was living the high life, doing deals out of Bahrain and taking his family big-game fishing on his yacht and on safari in Kenya. He’s now into his third year in a Dubai jail cell, yet to be convicted of anything.“The worst aspect of the way we’ve been treated is the fact that the legal system seems to be so suspended in its own inefficiency,” he said from a pay phone at Dubai’s Central Prison. “We just don’t seem to move forward. The whole legal system seems to hold you in a state of constant suspension.”

Cornelius, 56, and six co-defendants have been charged with defrauding Dubai Islamic Bank PJSC of $501 million, one of the largest such cases in the history of United Arab Emirates. He says he did nothing wrong, and like others, foreigners and nationals, who profited in Dubai in the boom times, he waits in prison as the legal system slowly tries to separate the guilty from the innocent of those
arrested in an anti-corruption drive.

Dubai’s image as the Singapore of the Middle East, a global hub for finance and tourism, is being tested as it tries to clamp down on excesses such as fraud and overdevelopment, which came with an explosion of people and investment. Its judicial system still often has more in common with its regional neighbors than the Western nations that it aspires to emulate, say lawyers and economists who work there.

The government won’t say how many people have been arrested in the two-year campaign against financial corruption. Detained in Dubai, a London-based lobbying group, says several hundred executives may have been jailed.

Debtors’ Prisons In all, about 40 percent of the 1,200 people in Dubai Central Prison have been convicted of defaulting on bank loans, Human Rights Watch said in a report in January. Even after completing their sentences, the New York-based group said, prisoners are likely to remain in jail until their debt is paid off, unlike in the U.S. or the

U.K., where debtors’ prisons were abolished in the 19th century.

continue reading

Wednesday, 4 August 2010

How a 11 year old girl is fighting for her dad - Dubai developer is facing longer prison term

source 7 days
Sara Qurashi, 11, launched ‘Justice For My Dad’ in May after her father Safi, owner of Great Britain on The World islands, was sentenced to four years in prison for bouncing two cheques.

The father-of-three has now been given a further three years to serve behind bars for a third stopped cheque. The three cheques relate to a property deal with a Russian client and total dhs200 million. Qurashi denies any wrongdoing and says the cheques should never have been cashed. Sara said:

“My dad had lawyers and he believed justice would be done. But now my dad has been given a sentence of seven years in jail. So that’s why I am trying to help him.”

continue reading.......

and ....   article 7days from July Girls gutsy bto free her Dad

The case details are shown on Sahra Qurashi"s Website:

www.justiceformydad.com

Here you will also find the letter she wrote to HH Sheikh Mohammed bin Rashid al Maktoum, Ruler of Dubai

Sahra`s messages are also on Twitter  and Facebook



read also from the National August 1, 2010
British Developer fires lawyer to defelnd his own case
DUBAI // A British investor who is appealing a seven-year

sentence for three counts of issuing bad cheques dramatically dismissed his defence team in court yesterday.

Safi Qurashi appeared at the Dubai Court of Appeals on a charge of dishonouring a Dh179 million cheque to a Dubai-based trading company.

Mr.Qurashi denied the charge before Presiding Judge Adnan al Farra. He said he had presented the cheque as security to an investor he represented in a property deal at The World islands project.

In a surprise move, the defendant then asked for the dismissal of his legal representation. “I would like to submit my own defence,” SQ told the court.

Advocate Mariam al Falasi, from law firm Hussain Lootah & Associates, told the court her firm had not been notified of any dismissal and presented her power of attorney letter to the court.


Thursday, 17 June 2010

Dubai Properties Chairman released from jail after repaying 130 Million

source The National
DUBAI , June 16. 2010// The former chairman of Dubai Properties, a unit of Dubai Holding, has been released from jail after repaying Dh130 million in state funds.

Hashim al Dabal was freed after eight months in custody, the Dubai Attorney General, Essam Issa al Humaidan, said yesterday. Mr al Dabal had been held since being taken in for questioning in October on suspicion of taking illegal profits from property transactions.

The funds have been deposited in the Public Prosecution’s treasury and will be returned to the Dubai Government, which owns Dubai Holding. “Mr al Dabal was granted his freedom after he repaid the amounts he acquired through abusing his position and power,” said Mr al Humaidan.

The former Dubai Holding board member was the second executive to be released under similar circumstances under an amnesty law issued last December.

Omar bin Sulaiman, the former governor of the Dubai International Financial Centre, was freed on May 20 after repaying Dh51.5m obtained during his tenure.

While free for now, Mr al Dabal could soon find himself behind bars again. He may face charges with regard to more than 15 separate investigations being conducted by the recently formed Monetary and Public Funds prosecution, which is headed by Ismail Ali Madani.

Friday, 21 May 2010

Omar bin Sulaiman freed in Dubai after repaying bonuses worth 51 Million Dhiram

source The National
DUBAI // The former governor of the Dubai International Financial Centre, Omar bin Sulaiman, has been released from custody after repaying Dh51.5 million (US$14m) he obtained during his tenure at DIFC, Dubai Public prosecution announced last night.

The Attorney General, Essam Eissa al Humaidan, denied earlier reports that bin Sulaiman had been released on bail.

In a press statement, Mr al Humaidan said: “Bin Sulaiman was not released on bail but was released after repayment of the amounts he acquired through issuing annual bonuses worth Dh51.5 million.” The release is covered by a recently amended law issued by Sheikh Mohammed bin Rashid, the Ruler of Dubai and Vice President of the UAE, late last year.
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Tuesday, 13 April 2010

Dubai - Former Minister of State suspended sentence for fraud

original source The National

DUBAI // Khalifa Bakheet al Falasi, a former minister of state, has
received a suspended one-year prison sentence after being found guilty
of defrauding a Lebanese woman of her family’s Dubai-based business.

The
verdict of the Dubai Court of Cassation brought an end to a long case
that has twice been before the emirate’s highest appellate court.
continue reading