Q: A few days ago I made a call from Australia to an HR department of a company that a friend of mine was working at, on behalf of his concerned family. They have been holding his passport since he started working there in February and are refusing to hand it back to him, even after he resigned. I called without my friend's knowledge and I was doing so to try to get some answers. I politely advised that they have no right to hold a person's passport. The lady was quite rude, indicating that I should stay out of matters that don't concern me and would not confirm that they would hand back my friend's passport. Unfortunately, I lost my temper and referred to her with an expletive and told her that the appropriate embassy and media would be contacted. My friend called me later and checked with me what I had done. He said that the same HR staff called him and said that the company would file a complaint with police against him because of my words. Considering that the company is illegally holding not only his passport, but many others too, can my friend be held accountable and punished for my wrongdoing, of which he had no knowledge, when the company is also breaking the law?
A: No person can be held accountable for a crime committed by another person, so any penalty can only be inflicted on you and not your friend, unless it can be proved that he was involved.
I’m a British citizen who, in 2008, was sentenced for being in possession of a small amount of marijuana. After three months in jail I was deported back to the UK. At the time of my release Dubai Immigration told me that I could return after one year. Do you know if this is correct and I can fly back to Dubai for a holiday or, alternatively, can I fly from the UK to either Abu Dhabi or Dubai while transiting to another country?
A lawyer would have to take your passport details and old residency visa (if you were a resident) and cross-check your details with police, the courts and the residency department to find out your current status.
Q: I attended court in Al Ain recently to appeal against a fine for not completing the visa process for my three-year-old son. It was a genuine mistake that I had hoped to explain to the judge. But at court I did not hear my name being called (the microphone was not working properly, I think). Afterwards, I learnt that the judge had reduced the fine but I feel that it would have been much less if I'd had the opportunity to speak to the judge. I really can't afford to pay even the reduced fine. Is there any way I can arrange to see the judge to argue my case?
A: You should speak to a lawyer and provide them with the documents related to the case to find out whether your case can be appealed at a higher court, or, if not, what can be done to help you. But you may also go to court and request to see the judge and explain your situation to him directly.
Yousef Al Bahar is an advocate at Al Bahar & Associates Advocates and Legal Consultants. If you have a question for Mr Al Bahar, please email it to newsdesk@thenational.ae with the subject line “Know the law”.
