Businessman wins fresh trial in illicit sex case

Cassation Court overturns defendant’s conviction to grant his lawyers chance to present more arguments

Dubai: A businessman is standing a retrial after Dubai’s highest court overturned his conviction in a criminal case brought against him after his stepson discovered images of him involved in a sex-out-of-wedlock activity.

In November, the Dubai Appeal Court upheld the Indian businessman’s one-month imprisonment after he was found guilty of having oral sex and exchanging kisses with a woman who was not his wife.

The Indian stepson was using his mother’s home MacBook Pro when he saw obscene images of his stepfather [the defendant] with an unidentified woman performing oral sex on him and indulging in different sexual activities in April 2015. He was also ordered to be deported and pay Dh21,000 in temporary compensation to his Indian wife, who had complained to the police.

The Dubai Cassation Court recently approved the appeal of the defendant’s lawyers, overturned his conviction and referred the case back to the Appeal Court for a fresh trial to be held by a new bench of judges.

The defendant had pleaded not guilty.

The Cassation Court’s presiding judge overturned the defendant’s conviction after his lawyers argued that they were not granted enough room to present a comprehensive defence and that not all their demands were met or fulfilled by the appellate court.

Lawyers further contended before the Cassation Court that the images [of the defendant in a sexual activity] that were submitted to the court were obtained in an unlawful manner and had been montaged and/or photo-shopped.

In their defence, the lawyers further argued that the wife had testified that she obtained the photos from the MacBook Pro that was not examined by Dubai Police’s forensic laboratory although it had been reported that the photos were clicked with an iPhone.

The lawyers further sought to hear the testimony of the forensic evidence expert and that of a defence witness, who had prepared a consultative report.

The defence team also asked the Cassation Court to have the MacBook Pro [from which the claimant in civil right had taken the images] examined by the forensic laboratory to substantiate whether the aforementioned images were captured with the MacBook Pro or an iPhone.

According to the judgement sheet, the Cassation Court overturned the defendant’s conviction and referred the case back for a new trial by the Appeal Court.

The case is currently being handled by the Appeal Court that is scheduled to hear more witnesses and further defence deliberations later this month.

The defendant has already served his one-month imprisonment.

Meanwhile, defence lawyers recently submitted a special petition to the appellate court to have the businessman’s deportation withheld.

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