Sunday, February 11, 2007

Still No Result!

Finally the Supreme Court judge signed the judgement and passed it on the prosectution department. The final judgement stated that the second criminal goes to jail for one month and in order for the victims to obtain their car or money they must file a civil suit at the civil courts. The Attorney General refuses to return the car to its rightful owner and maintains that the victims and the 4x4 Motors must fight it out at the civil courts. It's interesting that in similar cases where the seller was in the U.K. the same Attorney General had taken cars from buyers in the U.A.E. and returned it to cheated sellers in the U.K. but he will not do that if the cheated sellers are in the U.A.E.!!!

Here's the article in KhaleejTimes.


"DUBAI — A Dubai Police official played down complaints by individuals whose luxury cars were said to have been seized by police following reports that they entered the country illegally three months ago.

The cars in question are suspected to have been stolen in European countries and shipped to the UAE to be sold.

Complaints were lodged with the Attorney General’s Office who ordered the cars be returned to their owners here, but police insist the orders were issued by the local Interpol office and that they remain with police till investigations are completed.

The official disclosed that these cases were not restricted to Dubai, but there are also similar cases in other emirates.

The official stressed that contrary to claims and rumours, the cases are not many. He admitted that these cases were under investigation.

But car owners are worried about the fate of their vehicles for which they paid huge amounts of money.

“They (car owners) have to resort to the courts to file civil cases against the car showrooms from which they bought the cars. People have to ensure that the cars imported from outside the UAE are not wanted by the Interpol. Those who have documents that prove the cars in question are not wanted by the Interpol can approach us with the documents and get their cars back,” said the official.

But the owners argue that the cars were registered legally and there were no claims against the vehicles.

One owner, speaking on a local radio station, said he had bought a car in June, insured it and registered it officially. But before the holy month of Ramadan, he was summoned by police for assisting in the investigations.

“Dubai Police follow up with the Interpol cases of stolen cars that are brought to the local markets,” added the official.

Some car owners paid over Dh300,000 for second-hand cars. They say the law should protect the buyer since the cars in question entered the country and were registered after satisfying all regulations.
The Public Prosecutor’s office issued an order on December 18, 2004 regarding the cars stolen in European countries. The cars were ordered returned to their owners here but they continue to be earmarked for seizure till further official requests are received from countries claiming the cars to be stolen. In some cases, the cars were returned to the owners who bought them here, but sometime later, police seized them again. There have also been question marks on the lengthy process at civil courts and how the court will deal with owners of car showrooms involved in selling the cars. "

2 Comments:

At 12 February, 2007 07:26, Blogger Lirun said...

that is a bit strange.. given that normally the issue is the other way around.. ie once having satisfied a civil evidentiary burden of "balance of probabilities" the victim then hopes and prays that they will meet the more stringent "beyond reasonable doubt" level imposed in most criminal systems..

to have a criminal system come to a damning conclusion and then to have to undergo the entire process again civilly makes you wonder..

(a) is the criminal justice system merely punitive? or is it also supposed to be a corrective force of society?..

(b) is this not a very one-sided form of justice.. what if the theft was not anonymous and the offender intended not just to gain a car but to specifically wrong the victim? or should this even matter?

(c) why not engage the determinative outcome of the trial to alleviate the hardship of the victim..

theoretically - the only circumstances under which i could imagine - bearing in mind that i am not a criminal lawyer - and certainly no expert in dubai law - is if the matter is going to be appealled and the court wants to refrain from creating facts on the ground that it cannot turn around and is therefore saying - "victim - ask for this asset to be defrosted in your favour pending conclusion of the appeal.."

some random thoughts for you ;)

 
At 01 November, 2007 19:24, Anonymous Hydrocodone said...

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