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Discuss this article (4 Comments)Blind justice
by This email address is being protected from spam bots, you need Javascript enabled to view it on Wednesday, 20 August 2008
The rumours swirling around Dubai’s current high profile anti-corruption sweep are just that: rumours.
For justice to be done, authorities must work through an exhaustive, multi-phase, multi-agency process that eventually punishes the guilty and clears the innocent.
Phase one requires forensic examination of companies’ and individuals’ incomes, expenditures, balance sheets and assets.
Reliable sources have told Arabian Business that this process began as far back as 2004, and have been ongoing ever since through the office of Dubai’s Criminal Investigation Department (CID).
Nobody has been given immunity or preferential treatment according to their status, although investigations were rightly conducted discreetly and privately so that companies and individuals were not damaged at a stage when the law requires everybody to be judged innocent until proven guilty.
Investigations have thrown up several high profile names, but this does not make any of them guilty. It is the job of Dubai prosecution officials to work with CID to draw together evidence that can be presented to the court.
Even those arrested within the past few weeks must face trial to establish to the satisfaction of the court that they have committed crimes and must be punished.
This is the phase that we are about to enter, and it is vital that it is carried out with the rigour and professionalism that the CID and prosecutors have applied so far.
Corporate corruption crimes are notoriously difficult to bring to trial. You only have to look at the investigations into arms sales to Saudi Arabia, which date back over 20 years without any resolution in sight, to see how complex the issues can be.
But just because these trials will be difficult, and the complexity of evidence could lead them to taking years rather than weeks of month, the Dubai courts should not cut corners on the way to justice.
They must also show the same steely nerve demonstrated by police and prosecutors in assembling evidence against high profile individuals working for government-owned businesses. Justice must be blind to those that it presides over.
Inevitably, deals will be done to speed up the legal process. Even judges must sometimes be pragmatic, and accept plea bargains that spare the court thousands of hours of torturous testimony in return for immediate guilty pleas. Prosecutors, defence lawyers and judges should work together on these concessions.
This is dangerous territory. Pragmatism is an acceptable part of justice, but it must not be used as a cover for capitulation.
It is part of a defence lawyer’s toolkit to create as much complexity as possible on behalf of his clients – to make it look like a trial could be a massively expensive waste of everybody’s time.
Nobody yet knows which of the current crop of high profile defendants are innocent or guilty, and nobody should be hungry for instant justice.
It would be a travesty if this long-running investigation - which aims to stamp out corruption and leave Dubai with a gleaming reputation for probity - were to stumble during its trial and sentencing phase.
The public must be patient, and allow the justice system to follow up the excellent work of police and prosecutors.
It may take years before justice is finally seen to have been done, but the work will serve as a foundation for governance that should then survive for centuries.
READERS' COMMENTS
Disclaimer: The views expressed here by our readers are not necessarily shared by ArabianBusiness.com or its employees.
Rigour and professionalism?
Posted by Mark Flap, Dubai on Wednesday 20 August 2008 at 19:34 UAE time
Given that UAE law (or the lack of it) allows people to be held without charge for an indefinite period, it doesn't create much incentive for the police to resolve these cases quickly.
Posted by Mark Flap, Dubai on Wednesday 20 August 2008 at 19:34 UAE time
Given that UAE law (or the lack of it) allows people to be held without charge for an indefinite period, it doesn't create much incentive for the police to resolve these cases quickly.
4 years
Posted by The Prosecutor, Dubai, United Arab Emirates on Wednesday 20 August 2008 at 12:43 UAE time
"It may take years before justice is finally seen to have been done, but the work will serve as a foundation for governance that should then survive for centuries."
As the previous poster has pointed out - the government has already taken 4 years for justice to have been done.
How many years do you want Rob?
The real estate market is only 6 years old and therefore they have been investigating corruption for 66% of the time.
What do you suggest? Wait until it completely collapses as a result of poor corporate governance, combined with authorities that looked the other way?
No one wants that - and hard decisions have to be taken to restore investor confidence whilst encouraging the industry to clean up its act.
Posted by The Prosecutor, Dubai, United Arab Emirates on Wednesday 20 August 2008 at 12:43 UAE time
"It may take years before justice is finally seen to have been done, but the work will serve as a foundation for governance that should then survive for centuries."
As the previous poster has pointed out - the government has already taken 4 years for justice to have been done.
How many years do you want Rob?
The real estate market is only 6 years old and therefore they have been investigating corruption for 66% of the time.
What do you suggest? Wait until it completely collapses as a result of poor corporate governance, combined with authorities that looked the other way?
No one wants that - and hard decisions have to be taken to restore investor confidence whilst encouraging the industry to clean up its act.
All very well but.....
Posted by Trevor, Dubai on Wednesday 20 August 2008 at 11:08 UAE time
There is undoubtedly a process that must be undertaken and, as your article has highlighted, that should not prejudice the accused.
There are, however, a number of problems with resolving these cases. Firstly, if there is a case of a betrayal of trust what law has been broken? Secondly, in my experience of the courts even in Dubai, the more complex the case the less likely the justice system will be able to cope with it. The legal and judicial infrastructure is woefully inadequate.
On this particular issue I think that the usual spin is totally misdirected. It is NOT a good thing for investors that this is making headlines in this way. From my own European sensibilities, if somebody tells me that the car I want to buy has a steering default after I buy it I get the WHOLE car checked over. I don't say 'Well the seller was straight with me, I'll buy two'...well at least I don't.
Posted by Trevor, Dubai on Wednesday 20 August 2008 at 11:08 UAE time
There is undoubtedly a process that must be undertaken and, as your article has highlighted, that should not prejudice the accused.
There are, however, a number of problems with resolving these cases. Firstly, if there is a case of a betrayal of trust what law has been broken? Secondly, in my experience of the courts even in Dubai, the more complex the case the less likely the justice system will be able to cope with it. The legal and judicial infrastructure is woefully inadequate.
On this particular issue I think that the usual spin is totally misdirected. It is NOT a good thing for investors that this is making headlines in this way. From my own European sensibilities, if somebody tells me that the car I want to buy has a steering default after I buy it I get the WHOLE car checked over. I don't say 'Well the seller was straight with me, I'll buy two'...well at least I don't.
Blind justice
Posted by Ahmed, Dubai, United Arab Emirates on Wednesday 20 August 2008 at 10:21 UAE time
I agree with a lot of you say but if these investigations have been going on since 2004 why have their not been any prosecutions to date?
The public has shown its patience in spite of hearing about the corruption, I would argue that it is time to clear up some of these rumours quickly.
This is the time for action. Not a time to tell people to wait.
Posted by Ahmed, Dubai, United Arab Emirates on Wednesday 20 August 2008 at 10:21 UAE time
I agree with a lot of you say but if these investigations have been going on since 2004 why have their not been any prosecutions to date?
The public has shown its patience in spite of hearing about the corruption, I would argue that it is time to clear up some of these rumours quickly.
This is the time for action. Not a time to tell people to wait.
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