ABU DHABI // The Brazilian girl who was sentenced to jail for consensual sex with her school bus driver has been ordered by an appeals court to undergo a psychiatric examination.
In the original trial, the girl, who was 14 at the time of the offence, said she had been raped by the Pakistani driver, a claim she later retracted. She was tried as an adult in the Criminal Court of First Instance because Sharia was applied. Both were convicted of having consensual sex.
The girl was sentenced to six months in prison and deportation and the driver was sent to jail for a year plus deportation. However, by law, if the girl had been tried as a minor, she would not have faced a prison sentence and would probably had been referred to counselling and supervision, said Mazen Tajeddine, a legal counsellor. Yesterday's hearing at the Abu Dhabi Appeals Court was closed because the appeal centres on the contention that the girl is a minor.
This was the second time she and the driver, MH, had appeared in the Appeals Court. MH was appointed a new lawyer at the last hearing. If the court finds MH had sex with a minor, under the penal code he would face a sentence of no less than two years, plus a fine.
Court records show that the initial Sharia charge of zina - sex out of wedlock - was changed to one of consensual sex because the charge did not meet Sharia standards after the girl withdrew the rape allegation.
For a conviction of zina, according to Sharia, four reliable witnesses must have seen the act, or the accused must have confessed before the court.
hdajani@thenational.ae
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Labour dispute
The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
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Tightening the screw on rogue recruiters
The UAE overhauled the procedure to recruit housemaids and domestic workers with a law in 2017 to protect low-income labour from being exploited.
Only recruitment companies authorised by the government are permitted as part of Tadbeer, a network of labour ministry-regulated centres.
A contract must be drawn up for domestic workers, the wages and job offer clearly stating the nature of work.
The contract stating the wages, work entailed and accommodation must be sent to the employee in their home country before they depart for the UAE.
The contract will be signed by the employer and employee when the domestic worker arrives in the UAE.
Only recruitment agencies registered with the ministry can undertake recruitment and employment applications for domestic workers.
Penalties for illegal recruitment in the UAE include fines of up to Dh100,000 and imprisonment
But agents not authorised by the government sidestep the law by illegally getting women into the country on visit visas.
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