The families of Dubai residents who have now spent more than 1,000 days in an Iraqi prison fear they may never see them again.
Australian Robert Pether and Egyptian co-worker Khaled Radwan, who both lived in Dubai, were jailed in August 2021 and fined $12 million after a contract dispute between his employer and the Iraqi authorities.
The sentence followed a dispute between their employer, CME Consulting, and the Central Bank of Iraq.
There appears to be no end in sight, despite a significant ruling in 2023 by the International Chamber of Commerce's (ICC) International Court of Arbitration, that the central bank was to blame for the contractual dispute.
Mr Radwan's wife, Amany Ahmed, said her family has been waiting for months for news of a possible retrial.
“The last update we had was about a retrial as the civil court sent a request to the criminal court,” she told The National.
“We have been waiting for a reply from the criminal court for more than two months. We are still waiting to set a date. And my husband is still in jail.”
Ms Ahmed expressed her frustration at the slow movement of justice as her husband has already spent three years in jail.
“I’ve been [contacting] my husband through phone calls to check about his situation but what we are going through is unbelievable.
“I just want my husband back to his home and family.”
'Treated as a hostage'
Robert Pether's wife Desree Pether also continues to face struggles getting answers about his release.
“At this stage, we can't see a way that we will ever see Robert again,” she said speaking to The National.
“The fabricated prosecution against these two men is just so vile and ugly.”
Her husband was being treated as a hostage, Ms Pether said.
Ms Pether had also previously raised concerns about her husband's health, while behind bars, and believes the situation is only getting worse.
“He's lost about 40 kilos and we don't know what we're going to get back [if he is released],” she said.
Ms Pether had previously shared images she received of her husband since he was jailed, saying she was “worried sick” about his health.
“It’s absolutely shocking for us to see the state of him. We couldn’t show the picture to our youngest daughter,” said Ms Pether at the time.
“We’ve tried to stay calm but it’s just heartbreaking when you see someone you love looking like that.
“His immune system is compromised and he’s in a crowded cell, so if anyone comes in with a virus he is going to be in big trouble.”
Increasing the pressure
The only course of action left open to Ms Pether is to continue to raise awareness of her husband's case, she added.
“We've tried waiting for them to do the right thing and complained for common sense and decency but there is none,” she said.
“And so we're going to have to amp it up and start letting the world know exactly what's happening.”
“The Australian government continues to provide extensive consular assistance to Robert Pether and his family,” said a representative of the Australian Department of Foreign Affairs.
“We have consistently advocated for Mr Pether’s rights and welfare at all levels.
“The Australian government is unable to intervene in another country's legal or court processes, but we continue to convey our expectations that Mr Pether is entitled to due process, humane and fair treatment, and access to his legal team.
“Owing to our privacy considerations, we are unable to disclose further details.”
The Australian government advises that Australians “do not travel to Iraq” because of the volatile security situation, and the very high risk of violence, armed conflict, kidnapping and terrorist attacks.
Iraq has been designated as a “do not travel” destination by Australian authorities since 2000.
After the ICC's ruling in 2023, The National reported how CME issued a statement saying the costs incurred by the central bank could have been avoided.
“Mr Pether and Mr Radwan had only ever exemplified utter professionalism and respect for the central bank, Iraq and its people,” said a company representative.
“Often dealing with challenging situations on the ground, their behaviour has always been of the highest standard.”
It was regrettable their lives, and those of their families, had been forever changed, through no fault of their own, the representative said.
Contract dispute
Mr Pether and Mr Radwan were initially arrested in 2021 when they travelled to Iraq for what they thought was a business meeting.
Mr Pether was working as an engineer in Dubai for CME, which was contracted to work on the central bank's headquarters on the banks of the Tigris River.
The men were detained at the meeting and have remained in custody since, having each received a five-year jail sentence and ordered to pay $12 million by the Iraqi court. The dispute was over a $33 million contract awarded to CME in 2015.
The project was suspended a year later, with plummeting oil prices and Iraq’s war with the extremist group ISIS put forward as the main reasons.
Work restarted in 2018, with CME working for 39 of the 48 months stipulated in the contract.
Payment was received for 32 of those months before being withheld.
CME was asked by the central bank to extend the contract by three months to make up for work that was suspended due to the onset of the pandemic.
