By Shane McGinley
Dubai lawyer says no evidence or witnesses in road rage case against top London surgeon
The lawyer representing a top London surgeon accused of
making a rude gesture to another driver in Dubai said the prosecution has no
evidence or witnesses to support its case.
In an interview with Arabian Business, Abdulla Al Mudharreb said
it was a “simple case” and unlikely to result in a conviction against Dr Joseph
“It happened at 7:30pm at a dark time, there are no
witnesses and he was in the car with the windows up. I think he is in a good
situation and as a lawyer it is a very simple case,” said Al Mudharreb, a
lawyer with Al Mudharreb Advocates & Legal Consultants.
“I went to the public prosecutor two or three times and I
spoke with him on legal points that there is not enough evidence or witnesses.
It is man against man.”
Dr Nunoo-Mensah had his passport seized after the incident
with the motorist during a family holiday in the UAE on April 27.
A judge allowed him to fly home to the UK, after a friend
gave their passport as surety, provided he returns to Dubai for a hearing on
June 20 when he will face a charge of public indecency.
“[The accuser] says he used his hand,” said Al Mudharreb. “Ok,
if we say he used his hand, maybe he told him to wait, or maybe he used his
hand and told him pass or maybe he used his hand and told him ‘what’s up,
what’s the problem?’
“It was at 7:30pm and [the accuser] doesn’t have witnesses
with him but the doctor has a witness, who is his wife.”
Al Mudharreb, whose father is the chairman of the UAE bar
association, said he had defended similar cases before.
Making offensive hand gestures is illegal in the UAE and can
lead to a jail term.
The case of Nunoo-Mensah, who works as a consultant
colorectal surgeon at King's College Hospital in London, has attracted
headlines across the UAE and UK.
The British national said he was returning to Dubai when he
was tailgated by a car flashing its lights. The stretch of road had a 60kph
speed limit as roadworks were ongoing, and was single-lane which prevented him
moving out of the other driver’s way, he said.
He told BBC Radio Manchester he was grateful to Al
Mudharreb, who convinced the judge to allow a family friend to offer his
passport to allow him to return to the UK.
"I have got a family to support, I've got patients to
look after and effectively they were depriving me of my right to a living and
function. So for me to be in Dubai for another two months doing nothing was
completely meaningless and pointless," he said.
His wife Alison told the BBC's website: "Joseph was
given his passport back on a AED2,000 payment and he will return to Dubai on
June 20 for a preliminary hearing.
"We think the judge was swayed because Joseph's lawyer
explained his profession and that he does have patients waiting in the UK who
need his help.
"It's extremely unexpected and we're still worried
about what might happen in the future but this is fantastic news."
Common sense will prevail in the end.
Making hand gestures is illegal in the UAE, but Tailgating is Legal?????? Can the Law making Authorities look into this?
Tailgating is not only silly but dangerous and have caused fatal accidents. Making hand gestures can be rude, but does not cause death. Sometimes, hand gestures are necessary in certain situations. Its time for the people in this part of the world to learn to respect other people. How would a local feel if a foreigner wer e to tailgate him? Say, a formula 1 driver who happens to live on the Palm!!!!!!!!!
If they both did what the other claims, then they are both in the wrong - legally at least. I know two wrongs don't make a right, but in this case the judge should kick the case from court, to teach the 'flasher' a lesson - don't reward people who claim insult when they were breaking the law to begin with.
does not make any sense at all. The tailgater is walking away.
Most of my friends who are here for the first time don't know that they must or should give way. They also think that the guys who are tailgating are rude, so they won't give way.
Locals should understand that tourists new to this country doesn't understand this "etiquette" (pardon my pun).
I wish people will understand that. Agree with you 100%
Tailgating & Two wheelers are ok but don't you dare raise your hand..lol
That's putting a persons life after a persons ego, strange choice of Priorities for a developed country
It is horrible that this should even reach this point. The police should have chastised the other driver for rude behavior and let the "visitor" go. Such complaints must not be entertained. Waste of time for everyone !!
In the UK if a case is dropped, due to lack of evidnce, and the complainant is found to be less than an innocent party, or worse, wasted Police time, they find themselves in possibly more trouble. It's called mallicious persecution.
This is why, unlike the US, people in the UK are slow and cautious before bringing any case, let alone one based on heresay evidence.
You have to get witnesses who are prepared to attend Court as well as give written, not oral statements. If you lie, you risk arrest, fine or imprisonment for Perjury.