Showing posts with label Dubai courts. Show all posts
Showing posts with label Dubai courts. Show all posts

Thursday 18 July 2013

The Emirati Indian Road Rage Assault Video


So Twitter was all a-twitter on Monday night with chat about a video posted to YouTube. The clip, taken from a car adjacent to the incident, clearly shows an Emirati man beating a cowering Indian man with his aghal (the black ropey headdress thing worn as part of the traditional Arabian costume) and punching him. The Emirati appears to be driving a Lexus Land Cruiser with a three-figure plate (a status symbol here), the Indian a stationery distribution company van.

By Tuesday, the YouTube video had been taken down but these things, once done, are hard to undo and it was soon back up thanks to LiveLeaks. Why would the video be taken down? Well, because it's illegal to photograph or film someone in the UAE without their permission - and this was certainly a case of a video taken without permission. The taker obviously gave in to wiser counsel, although his act in sharing the video was a brave one, presumably motivated by sheer indignation.

Dubai Police acted quickly after a large number of people brought the incident - and video - to their attention, particularly over Twitter. The Emirati - a government official as it turns out - is currently 'in custody' and faces a charge, according to 7Days, of minor assault. This carries a maximum jail term of one year and a maximum fine of Dhs10,000.

The Indian gentleman who took the video and posted it to YouTube was arrested after the official's son lodged a defamation case against him with police and is apparently 'being questioned' after his computer was seized by police on Tuesday and now potentially faces a charge of recording without permission and defaming a person, which carries a TWO year sentence and Dhs20,000 fine. Abusing someone's privacy and putting private material on the Internet can result in a six month jail term, the newspaper tells us.

Can we be quite clear. Defamation applies here in the UAE as a criminal case and includes publicly sharing evidence of a thing that would lead to punishment for the person so defamed - regardless of whether the alleged act took place or not. The UAE cyber-crime law makes this clear. You can, in fact, defame someone in the UAE with the truth.

Dubai Police have told press the man should have shared the video with them rather than post it up publicly, where hundreds of thousands have now seen the incident. The son told media the video had damaged the reputation of his father and family. You'd be forgiven for thinking that beating cowering men who know full well that if they raise a hand in defence they'll be for the high jump and likely end up being deported for it was what damaged anyone's reputation, but who am I to judge?

At one rather poignant moment in the video, the poor man appears to hand the dropped aghal back to the official who continues to beat him with it.

I thought there was a telling paragraph in Gulf News' story about the arrest today. Here, have a go at seeing where YOU would put the bold text emphasis in this paragraph quoted from that story:
"Major General Al Mazeina said the case will be transferred to the public prosecutor. He said the Emirati official has been arrested over beating up an Indian man in the middle of the road in clear view of other road users."
My mum said I should always tell the truth, but she never told me you should go to prison for telling it. 'spose it just goes to show what my mum knows...

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Monday 20 May 2013

Indian Lecturer Held By Dubai Police For Defamation

Day of Silence 2007
(Photo credit: Wikipedia)
Gulf News' Bassma Al Jandaly reports today on the case of an Indian university lecturer who has been held by Dubai police, while on a visit to the country, for defamation. Arrested on the 5th May, two weeks later he's still in Dubai, out on bail but with his visa held by police.

The lecturer worked for a "private university" in Dubai's Academic City. According to the story in GN, police confirmed the man had his contract terminated without reason by the university - Dubai courts found in his favour and he had received his end of service benefits.

However, returning to India, the lecturer appears to have indulged in the activity known as the grinding of the axe. I think I found his blog, which makes for highly entertaining reading and lets the university have it in no uncertain terms with remarkable vigour and an almost obsessive degree of staying power. Although comments are turned off and the YouTube videos have been made private, the rest of the content is up there and there is certainly plenty of 'masala' on offer.

The university's response was apparently to lodge a defamation case against the man at Rashidiya police station. And so when he travelled from the US, where he is based according to GN, to the UK and stopped off to see his Dubai-based wife, his collar was comprehensively felt.

In a rare moment of sheer cravenness I'm not going to link to his blog because I can't be entirely sure this is indeed the blog in question (given there are no names in the story, I found a blog that seems to fit the bill quite nicely by Googling "dubai university lecturer india end of service", as you would) and I'd rather not be joining him over at Rashidiya nick trying to defend myself against a charge of sharing links to material alleged to be defamatory.

It's interesting (and noteworthy bloggers, tweeters and all you other online commentators - as I pointed out in my last post, in fact) that in the UAE, defamation remains a criminal rather than civil matter. Now covered by the provisions of the UAE's cyber crime law, the mere accusation of online defamation has resulted in this man's liberty being taken from him. He can now look forward to a lengthy and expensive trial process unless the defamation case is dropped.

In choosing this course of action, I would argue that The University That Must Not Be Named has ensured greater reputational harm will ensue from this affair than if it had chosen not to pursue a criminal case of defamation in the UAE.

However, in the meantime, our lecturer friend would appear to be in rather a lot of hot water...
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Wednesday 30 May 2012

It's All About M.E.

Sheikh Saeed Al Maktoum House at night
Sheikh Saeed Al Maktoum House at night (Photo credit: Wikipedia)
No, not me, M.E.. Gulf News describes him as a 'social media activist', but it would appear the mysterious M.E. is more active at getting himself into hot water by flaring people.

Newspapers here refer to those standing before the majesty of the courts by their initials to protect their identities. It's all part of the Emirati culture of respect, which is also the reason why insulting someone here can land you in very hot water indeed. Coming from the UK, where respect has pretty much been kicked off the national agenda, people sometimes find it hard to get their heads around this one, so for instance we have the expat who spent a month in chokey followed by deportation (tax free career over) for flipping the digit at the police patrol that'd pulled him over. He'd obviously never heard of mirrors.

M.E. is the chap who spent a couple of months in nick accused of defaming Dubai Chief of Police Dahi Khalfan Tamim. With a keen eye for an exquisite revenge, Dahi pardoned the man as his case finally came to court. Now he looks set to go back behind bars after a Facebook flare-up with journalist  D.H.

Dubai Court was told, according to triffic tabloid 7Days, that M.E. had told D.H., formerly (as was M.E.) a worker at Dubai Municipality, "You developed from sewage to a critic". M.E. counter-charged that D.H. had said, “Behave or I will wipe your dignity on the floor." and also "Know your borders and don’t force me to publish your laundry on the internet, facebook, Twitter and BlackBerry. Don’t lie and don’t try to become a hero.”

Now I don't know about you lot, but on the Greatest Insults Of All Time scale and applying the Trollometer, I wouldn't have ranked that little spat as court-worthy, or even noteworthy, but then you do have to bear in mind there is a very different cultural agenda at work here. Despite several attempts to arbitrate between the pair, the judge finally threw up his hands and sent 'em to Al Slammer to cool down.

One is rather left wondering if perhaps M.E. will now tread a more moderate path on Facebook...


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Wednesday 26 October 2011

Phished or Hacked?

GOLD FISHImage via WikipediaIt's yet another very odd story coming out of Dubai Courts and I'm not sure whether that's because Dubai Courts are an odd place or because the journalism itself is odd. Gulf News reports today on a woman whose account was "hacked by a phishing syndicate". The story's here.

It's a very confusing story indeed - her account is variously described as having been hacked into and she as having been victimised by a phishing syndicate. Well, being hacked is one thing, being phished is quite another - and the core of the story, surely, is whether one or the other situation applies. If she was phished, she willingly gave away her account details which then would have been used by a criminal to access her account - no hacking involved. If she was hacked, someone illegally accessed her account by manipulating the bank's security systems.

And where did a 'syndicate' come from?

The story also makes mention of a mobile notification service which didn't kick in until four days after the transactions, but not why the service didn't kick in. Are we saying that all banks now have to notify all clients of all transactions or face liability for any fraud howsoever caused?

The court brought in an expert, a banker. I wonder why it didn't bring an expert on security in to clear things up a little? The whole report left me with a great deal more questions than answers - and that's not what journalism is supposed to do, is it? It's supposed to give us 'context and analysis'...
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Book Marketing And McNabb's Theory Of Multitouch

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