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MENAFN - Khaleej Times - 18/12/2013

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(MENAFN - Khaleej Times) Syrian businessman was convicted by the Court of Misdemeanours in June on charges of resisting a police officer and was sentenced to serve three months in jail.

A man charged with assaulting and resisting a police officer has been acquitted and his jail term revoked.

The 35-year-old Syrian businessman was convicted by the Court of Misdemeanours in June on charges of resisting a police officer and was sentenced to serve three months in jail. The Court of Appeal on Tuesday acquitted him and quashed the sentence.

Counsel Hani Hammouda of Kefah Al Zaabi Office for Advocacy and Legal Consultancy dismissed any criminal intentions on the part of his client.

"The defendant did not know that the complainant was a police officer as the latter was riding in a civil car and wearing plain clothes at the time of arrest. This suggested that he did not have any criminal intentions."

Hammouda added that there were no apparent injuries on the complainant's body, "which indicated that the whole incident was made up".

The lawyer also pointed out that the defendant was charged with driving under the influence of alcohol, and was ordered to pay a Dh20,000 fine.

"According to the law, one should be punished only once for a crime or an offence he committed and my client has already been given a penalty."

The defendant was arrested on February 4 outside a hotel in Naif area after honking repeatedly.

A civil police patrol car arrested the accused and found he was drunk. He was referred to the court on charges of drinking alcohol, driving under the influence of alcohol and assaulting and resisting an on-duty police officer.

In the defense plea he submitted to the Court of Appeal, Hammouda argued that the initial verdict was flawed.

"The Public Prosecution did not listen to witnesses who could have corroborated my client's statement that he did not assault the police officer. The prosecution referred the case to court even though the evidence was not solid and the investigation was not thorough."

The lawyer also said that the complainant had filed another complaint against a Moroccan woman and falsely accused her of assaulting him.

"The officer had previously accused a woman maliciously. His word could not be taken as a reliable piece of evidence and was not sufficient for conviction. He has been suspended since July."

The appellate court cleared the Syrian defendant of the charges based on the defense arguments and the medical report.

 






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