DUBAI // The Dubai Court of Cassation today ordered the retrial of a former Deyaar board member who is accused of receiving Dh11.75 million in bribes.
Prosecutors won their appeal at the emirate’s highest court after SA, 42, saw his record fine of Dh115m reduced to Dh11.5m and his three-year sentence reduced to one year by the Dubai Court of Appeal in December 2010.
The case will be referred to the Dubai Court of Appeal for a new judicial panel to review it.
SA, who was also the chief executive of Dubai Islamic Bank, was charged on May 19, 2009, with bribery and attaining illegal interest.
SA was sentenced by the Dubai Criminal Court of First Instance in March 2010. His co-defendant, the Emirati businessman IJ, was acquitted of bribery.
Prosecutors said SA accepted a Dh11.75m bribe and collected unlawful commissions to facilitate the sale of a property in Dubai to IJ.
On appeal the court amended the primary judgment against the SA and reduced the sentence after Deyaar dropped its case.
Judge Mustafa al Shennawi of the Dubai Court of Appeal said in his judgment that "The court has rejected Deyaar's two appeals after the claimant in civil rights [Deyaar] dropped its case against SA and waived its civil rights. The appellant Deyaar will pay lawyers' and civil lawsuit's fees".
SA was charged and convicted by the court as a public official as he was working for a semi-governmental institution when he allegedly accepted the bribes. However, during the trial his lawyer, Dr Habib al Mulla, presented two documents issued by the Ruler's Court confirming that SA was not a public official when he served as a board member.
"The amounts were not taken as illegal profits or bribes. My client had not abused his power as a public servant, made unlawful gains, or accepted or requested a bribe," Mr al Mulla said. Prosecutors then appealed to the Court of Cassation.
The court has yet to announce a date for the retrial.