Alleged victim too drunk to heed, says lawyer



abu dhabi // The lawyer for one of two students appealing against sexual assault convictions said the alleged victim's testimony was invalid because she was drunk when she reported the men to police.

The lawyer, Fayza Moussa, told the Appeals Court that the woman had been at a nightclub and was under the influence of alcohol when she made her complaint at 4am.

"When police smelled liquor on her breath they conducted a test and she proved positive; there was no objection to the test results yet the first instance court counted her testimony," Mrs Moussa said.

The two students, MA and MO, both Palestinians, were found guilty of sexually assaulting the woman, an Arab, after she entered a lift in a residential building in January. One of the men was said to have molested her while she was in the lift, the other when she was allowed to leave the lift when it reached the sixth floor.

Mrs Moussa was representing MA, who was accused of grabbing the woman's breasts as she stepped out of the lift. She said that her client denied the incident had happened and that the woman's testimony should not be taken into account.

MO, represented by the lawyer Tarek Al Serkal, was accused of assaulting the woman in the lift. Mr Al Serkal argued that the woman's story was not credible.

"She said he took her in the lift and he kept going to different floors up and down until he stopped at the sixth floor. She said he did all that while holding her mouth so she could not scream, pulling her from her hair and undressing them both at the same time.

"I tried to imagine how it was possible ... but it's impossible," the lawyer said. "Why didn't she scream or try to escape when he did that? There are no injuries on her that show resistance."

The judge replied that there were bruises on the woman's body. Mrs Moussa interjected that this was proof only of injury and not enough to convict the men.

Mr Al Serkal said that the woman had tried to "blackmail their families into paying her Dh50,000 so she can drop all charges. When they failed to do so she continued with the lawsuit."

The judge then asked MO why he chose the sixth floor. "I did not choose anything or go in the lift, none of this happened," he replied.

The judge asked him why the woman had accused him.

"She did not complain about me and she did not point to me either; CID pointed at me for her," replied the student. He argued that she was drunk during the identity parade and was mixed up.

The Criminal Court originally gave the students sentences of three to six months followed by deportation. Lawyers for both men argued that they should not be deported because of the situation in their homeland.

The case was adjourned and no date for its resumption was set.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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Round 2: January 22-23, Yas Marina Circuit – Abu Dhabi
 
Round 3: February 7-9, Dubai Autodrome – Dubai
 
Round 4: February 14-16, Yas Marina Circuit – Abu Dhabi
 
Round 5: February 25-27, Jeddah Corniche Circuit – Saudi Arabia
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At Everton Appearances: 77; Goals: 17

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  • Ban fruit juice and sodas
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PROFILE OF INVYGO

Started: 2018

Founders: Eslam Hussein and Pulkit Ganjoo

Based: Dubai

Sector: Transport

Size: 9 employees

Investment: $1,275,000

Investors: Class 5 Global, Equitrust, Gulf Islamic Investments, Kairos K50 and William Zeqiri

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