Dh500,000 expat verbal abuse case to be retried



ABU DHABI // A judge has ordered a retrial in the case of a woman who faces up to a half-million dirhams in fines for uttering seven words: “Go away, you animal! You are impolite!”

The dispute, which began at the 2008 Sharjah Book Fair, pits the expatriate woman against an Emirati lawyer. Both blame the other for the conflict, which they have taken all the way to the Supreme Court.

In recently released documents, the Supreme Court justices upheld the lawyer’s arguments for damages, but said the woman’s arguments on verbal abuse charges had been unfairly rejected in the lower courts. The entire civil case should be retried, the court held.

“The decision [of the lower courts] has dismissed her defence in this particular argument,” wrote Chief Justice Abdulaziz Abdulaziz of the Federal Supreme Court. “It is clear from [police and prosecutors’] records that she insisted [the lawyer] attacked her with obscene words and that he harassed her and wanted to chat with her, but she did not give him the chance to do that.

"This is a primary argument which, if the decision examined it carefully, would probably change the outcome of the case."
He sanctioned the judge's right to reduce or even cancel the compensation in a retrial.

Experts say a growing number of cases like this are straining the legal system because of the difficulty of providing evidence and establishing the context of a verbal attack.

In the UAE, only verbal abuse pertaining to the sexual honour of a person would be tried under Sharia. For guilt to be proven, the attack must have been made in public and one reliable witness must testify.

If convicted, a person would be sentenced to 80 lashes and would never be accepted as a valid witness in a Sharia-based case.
Many legal experts decry such cases for draining court time and resources. Nashwa al Qubaisi, a lawyer from Abu Dhabi, said she often turned down clients with such cases, and that many of the allegations were exaggerated or made up.

Nehro Hajjaj, another lawyer in Abu Dhabi, said he had an Egyptian client who was convicted in September of insulting a female CID officer in the street without realising it.
"He was driving and tried to turn left, but she blocked his way " Mr Hajjaj said. "He motioned to her in an offensive way, and she took him to a police station."
Mr Hajjaj said although there were no witnesses, "They told him it was not a big issue and it would be solved if he went and apologised to the woman. He apologised in front of other people, which meant he confessed he insulted her."

The man was sentenced to one month in prison and fined Dh15,000.

Dr Hassan al Hammadi, a magistrate at the Supreme Court, stressed that judges must evaluate the seriousness of a verbal abuse accusation depending on the situation.
In the Supreme Court case, the unidentified plaintiff filed a report with police that an expatriate woman verbally attacked him at the Sharjah Book Fair on November 9, 2008. He said he was discussing an issue with her when she started insulting him and allegedly told him in Arabic: "Go away, you animal! You are impolite!"
In most Arab cultures, calling someone an animal is a serious insult.

Police referred the woman, who was not identified, to prosecutors, who charged her with verbal abuse.

The woman was convicted by the Sharjah Court of First Instance in May. Her sentence, which could include up to one year in prison, was not disclosed in court documents.
After the verdict was announced, the lawyer filed a civil lawsuit against her demanding financial compensation for "moral and financial" damages. He told the court he was a reputable lawyer, and was insulted in public.

“The defendant assaulted him while he was wearing the national dress, which implied she had a deep-rooted malice toward the country and its people,” the lawyer said in court documents.

He also told the courts he wasted a lot of time dealing with the issue in police stations, prosecutors’ offices and court. He asked the civil court to award Dh500,000 for the time he had wasted away from his job, plus 12 per cent a year for late payment.

The Sharjah Court of First Instance found the woman liable, and fined her Dh70,000 and five per cent a year for late payment. Both parties appealed the verdict; the Sharjah Court of Appeals upheld the decision.

They then appealed to the Supreme Court, with the plaintiff arguing he had wasted more time at the appeal court.

The woman argued that the lower court based its decision solely on the claims of the lawyer, who, she said, did not clarify or break down the alleged financial damages. The court further did not specify on what legal grounds it fined her, she added.

The Supreme Court rejected that argument, ruling that "damage includes the losses incurred by the incident or the gains the person missed because of the incident".
The chief justice highlighted the lawyer's visits to the police station, Public Prosecution and the courts as showing "elements of the moral and financial damages" and "valid reasons which are sufficient to issue the verdict".

The chief justice said the lower courts had ignored the woman’s argument that she was harassed and reviled by the lawyer during the confrontation, which caused her moral damage.

What is a Ponzi scheme?

A fraudulent investment operation where the scammer provides fake reports and generates returns for old investors through money paid by new investors, rather than through ligitimate business activities.

BACK TO ALEXANDRIA

Director: Tamer Ruggli

Starring: Nadine Labaki, Fanny Ardant

Rating: 3.5/5

If you go

The flights

Emirates flies from Dubai to Seattle from Dh5,555 return, including taxes. Portland is a 260 km drive from Seattle and Emirates offers codeshare flights to Portland with its partner Alaska Airlines.

The car

Hertz (www.hertz.ae) offers compact car rental from about $300 per week, including taxes. Emirates Skywards members can earn points on their car hire through Hertz.

Parks and accommodation

For information on Crater Lake National Park, visit www.nps.gov/crla/index.htm . Because of the altitude, large parts of the park are closed in winter due to snow. While the park’s summer season is May 22-October 31, typically, the full loop of the Rim Drive is only possible from late July until the end of October. Entry costs $25 per car for a day. For accommodation, see www.travelcraterlake.com. For information on Umpqua Hot Springs, see www.fs.usda.gov and https://soakoregon.com/umpqua-hot-springs/. For Bend, see https://www.visitbend.com/.

ON TRACK

The Dubai Metaverse Assembly will host three main tracks:

Educate: Consists of more than 10 in-depth sessions on the metaverse

Inspire: Will showcase use cases of the metaverse in tourism, logistics, retail, education and health care

Contribute: Workshops for metaverse foresight and use-case reviews

Developer: Ubisoft Montreal / Ubisoft Toronto
Publisher: Ubisoft
Platforms: Playstation 4, Xbox One, Windows
​​​​​​​Release Date: April 10

The Specs

Engine: 1.6-litre 4-cylinder petrol
Power: 118hp
Torque: 149Nm
Transmission: Six-speed automatic
Price: From Dh61,500
On sale: Now

Inside Out 2

Director: Kelsey Mann

Starring: Amy Poehler, Maya Hawke, Ayo Edebiri

Rating: 4.5/5

Sly Cooper and the Thievius Raccoonus

Developer: Sucker Punch Productions
Publisher: Sony Computer Entertainment
Console: PlayStation 2 to 5
Rating: 5/5

Roll of Honour, men’s domestic rugby season

West Asia Premiership
Champions: Dubai Tigers
Runners up: Bahrain

UAE Premiership
Champions: Jebel Ali Dragons
Runners up: Dubai Hurricanes

UAE Division 1
Champions: Dubai Sharks
Runners up: Abu Dhabi Harlequins II

UAE Division 2
Champions: Dubai Tigers III
Runners up: Dubai Sharks II

Dubai Sevens
Champions: Dubai Tigers
Runners up: Dubai Hurricanes

Director: Nag Ashwin

Starring: Prabhas, Saswata Chatterjee, Deepika Padukone, Amitabh Bachchan, Shobhana

Rating: ★★★★


The UAE Today

The latest news and analysis from the Emirates

      By signing up, I agree to The National's privacy policy
      The UAE Today