An acting coach convicted of sexually assaulting a young child is challenging the verdict after a prosecution witness retracted his initial evidence.
The Australian man, 56, was accused of indecently touching the Emirati girl, 10, at a studio in Dubai where she was taking acting lessons.
He denied the charge, telling police it was a malicious claim by the mother of the child after he had rejected her advances.
Colleagues of the accused questioned at the time said the incident did not occur and that the child had not attended the studio on the day of the alleged incident on December 2, 2020.
All witnesses testified the girl didn’t come to the studio that day and said my client was a decent man
Awatif Mohammed,
defence lawyer, Al Rowaad Advocates
However, one co-worker told investigators he saw the girl sitting on the man's lap.
This account formed part of evidence which helped lead to his conviction by Dubai Criminal Court.
In March, he was sentenced to six months in prison to be followed by deportation.
His defence lawyer, Awatif Mohammed, from Al Rowaad Advocates, took the case to the Appeal Court on Monday, where she questioned the French witness who had come forward to change his account.
“I said that I saw the child in the instructor’s lap, which didn’t happen, but I was coerced by the child’s family to say so,” the French man said in court.
“They told me they knew people in power and will get me deported.
“But when I heard of the sentencing against him [the defendant] I felt like I had destroyed the family’s life and therefore came to tell the truth."
Ms Mohammed told judges that the case was malicious and lacked substantial evidence.
Claims of inconsistent evidence
She said prosecutors accused her client of taking the girl to a soundproof room, locking the door, then touching her inappropriately.
“All witnesses at the time testified the girl didn’t come to the studio that day and said my client was a decent man,” she said in court.
The girl had stopped attending classes in the studio in November 2020, one month before the alleged incident, she said.
“They (the man's colleagues) all said he is being framed by the girl’s mother because he turned down her attempts to be romantically involved with him, which we are proving by providing copies of provocative pictures of hers that she sent to my client.”
She added that the alleged incident was not reported to police until March 15, 2021, more than three months after it was said to have taken place.
Ms Mohammed also told judges that discrepancies in the child parents’ evidence are in favour of her client.
“The child told prosecutors she informed her mother of the alleged incident, but in records, it shows she told her father,” Ms Mohammed said.
A forensic psychoanalysis report stated that the terminology and narrations of the events in a chronological order by the child did not reflect her young age.
It also said the child’s mother was impulsive and emotional and more focused on the accused not the child.
It concluded that no indications have been found to prove the child was subjected to sexual abuse.
A verdict is expected later this month.
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Profile
Name: Carzaty
Founders: Marwan Chaar and Hassan Jaffar
Launched: 2017
Employees: 22
Based: Dubai and Muscat
Sector: Automobile retail
Funding to date: $5.5 million
Match info
Manchester City 3 (Jesus 22', 50', Sterling 69')
Everton 1 (Calvert-Lewin 65')
UEFA CHAMPIONS LEAGUE FIXTURES
All kick-off times 10.45pm UAE ( 4 GMT) unless stated
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ESSENTIALS
The flights
Emirates flies from Dubai to Phnom Penh via Yangon from Dh2,700 return including taxes. Cambodia Bayon Airlines and Cambodia Angkor Air offer return flights from Phnom Penh to Siem Reap from Dh250 return including taxes. The flight takes about 45 minutes.
The hotels
Rooms at the Raffles Le Royal in Phnom Penh cost from $225 (Dh826) per night including taxes. Rooms at the Grand Hotel d'Angkor cost from $261 (Dh960) per night including taxes.
The tours
A cyclo architecture tour of Phnom Penh costs from $20 (Dh75) per person for about three hours, with Khmer Architecture Tours. Tailor-made tours of all of Cambodia, or sites like Angkor alone, can be arranged by About Asia Travel. Emirates Holidays also offers packages.
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- Riders must be 14-years-old or over
- Wear a protective helmet
- Park the electric scooter in designated parking lots (if any)
- Do not leave electric scooter in locations that obstruct traffic or pedestrians
- Solo riders only, no passengers allowed
- Do not drive outside designated lanes
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Dubai works towards better air quality by 2021
Dubai is on a mission to record good air quality for 90 per cent of the year – up from 86 per cent annually today – by 2021.
The municipality plans to have seven mobile air-monitoring stations by 2020 to capture more accurate data in hourly and daily trends of pollution.
These will be on the Palm Jumeirah, Al Qusais, Muhaisnah, Rashidiyah, Al Wasl, Al Quoz and Dubai Investment Park.
“It will allow real-time responding for emergency cases,” said Khaldoon Al Daraji, first environment safety officer at the municipality.
“We’re in a good position except for the cases that are out of our hands, such as sandstorms.
“Sandstorms are our main concern because the UAE is just a receiver.
“The hotspots are Iran, Saudi Arabia and southern Iraq, but we’re working hard with the region to reduce the cycle of sandstorm generation.”
Mr Al Daraji said monitoring as it stood covered 47 per cent of Dubai.
There are 12 fixed stations in the emirate, but Dubai also receives information from monitors belonging to other entities.
“There are 25 stations in total,” Mr Al Daraji said.
“We added new technology and equipment used for the first time for the detection of heavy metals.
“A hundred parameters can be detected but we want to expand it to make sure that the data captured can allow a baseline study in some areas to ensure they are well positioned.”
COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
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Global state-owned investor ranking by size
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China
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Australia
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Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
Ferrari 12Cilindri specs
Engine: naturally aspirated 6.5-liter V12
Power: 819hp
Torque: 678Nm at 7,250rpm
Price: From Dh1,700,000
Available: Now
SPECS
Toyota land Cruiser 2020 5.7L VXR
Engine: 5.7-litre V8
Transmission: eight-speed automatic
Power: 362hp
Torque: 530Nm
Price: Dh329,000 (base model 4.0L EXR Dh215,900)
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