ABU DHABI // Police had no reason to arrest a man sitting on a pavement and charge him with taking drugs, the Criminal Court heard on Sunday.
Last month, Palestinian A F was sitting outside Le Royal Meridien hotel when police approached him and asked to see his ID.
Although they smelled alcohol on his breath, he was not showing signs of drunkenness or drug taking.
The officer took him to the police station and not only tested him for alcohol but also took a urine sample to test for drugs.
A F’s lawyer, Mohammed Al Khazraji, argued that the arrest was unwarranted. “If he was walking in the street maybe he would have acted tipsy ... but he was simply sitting,” he said.
“They did not see him in any unnatural state so there was no reason for taking his urine sample. Why search for a crime that did not have any clues to it?”
He also argued the minimal amount of drugs found in his urine sample was caused by medication that could be legally prescribed in the UAE and the US.
The sample showed a percentage less than 50 nanos, said Mr Al Khazraji. Interior Ministry laws state that prosecution can occur only if the percentage reaches 50 nanos. “So this is a direct violation of the ministerial decision,” he said.
A verdict will be announced on July 7.
hdajani@thenational.ae
