The RAK court ruled the charges were beyond their jurisdiction and should be heard in a criminal court and that the case had been mishandled by prosecutors.
UK model 'sexually assaulted and attacked with cattle prod'
RAS AL KHAIMAH // The case of a British model who says she was beaten and sexually assaulted at a party has been sent back to public prosecutors by the RAK Court of Misdemeanours for further investigation. The court ruled the charges were beyond their jurisdiction and should be heard in a criminal court and that the case had been mishandled by prosecutors.
Police and prosecution records show that SN, 30, was invited to a birthday party on June 25 in the Awafi district of Ras al Khaimah by a transsexual named Dana. S N told prosecutors she was approached at the party by S A, 26, an Emirati employee of Sharjah Electricity and Water Authority. S N said she was asked by Dana to come outside to talk to S A and a third, unidentified man who hit her and claimed she had flirted with S A inside.
"I was punched and kicked to the ground and shocked with an electric device," S N told prosecutors. She said S A electrocuted her with an "electric cattle prod" both internally and externally while Dana pulled her hair and stuffed sand into her mouth, and the third assailant kicked her. Records show a party guest intervened to stop the attack. The guest, an Abu Dhabi-based Emirati doctor, told prosecutors he saw the three men attack the model and intervened. He confirmed S A was carrying an electrical device and said the attackers escaped in S A's car.
Medical reports presented to court show S N suffered extensive burns and bruises to her body as well as internal injuries to her reproductive system that will require surgery to repair. S A was the only person charged by prosecutors with misdemeanour assault. He told prosecutors S N was actually a man and he was physically assaulted by her at the party, according to prosecution records. He also denied the possession or use of the electrical device and said S N was drunk at the time.
However, prosecution records show S N had not consumed any alcohol on the night of the party. At its third hearing of the case on Sunday, the RAK Court of Misdemeanours said the offences were criminal and should therefore be reviewed by a criminal court. The court further ruled that the case should be returned to prosecutors for re-investigation. The ruling was reached after S N's lawyer, Harun Tahlak of Dubai Advocates and Legal Consultants, contested the charges.
He argued that an incomplete and weak investigation had been carried out, saying prosecutors failed to charge or question the other two attackers despite being given details of their whereabouts. He told the court on Sunday that the attackers tried to kidnap the victim in addition to sexually assaulting her and beating her. "This case is not only an assault case," said Mr Tahlak, who is handling the case pro bono.
"We would like the prosecutors to charge the three defendants with attempted kidnap with intent to rape." He also presented the court with a medical examiner's report confirming the injuries she sustained. Mr Tahlak confirmed that a request for a temporary civil compensation worth Dh20,100 has been filed at the Civil Claims Court. @Email:email@example.com