Absentee lawyers 'put strain on courts'


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ABU DHABI // Absentee lawyers who fail to turn up in court are damaging their clients' interests, wasting court time and putting a strain on the judicial system in Abu Dhabi, senior legal officials said yesterday.

At least one criminal case a day is held up because a lawyer is absent, and some cases have been put off for months as judges wait for lawyers to represent their clients. The strain placed on the system is particularly apparent during the summer, when judges take their scheduled holidays and courts operate less frequently. In three current cases, a pregnant woman serving life in prison for drug smuggling has had her appeal delayed for three months because her lawyer has failed to appear; a lawyer who was paid Dh10,000 to represent a man jailed for forgery has never appeared in court; and yesterday a man charged with using drugs had his hearing adjourned because his lawyer was absent.

In yesterday's case, before the Abu Dhabi Criminal Court of First Instance, instead of appearing in person the lawyer provided his client with papers outlining what his defence should be. In Dubai, lawyers' attendance in court is closely monitored. If they miss a hearing or arrive late, the presiding judge can fine them Dh1,000. No such system is in place in Abu Dhabi. Jamila al Niyadi, head of the Ministry of Justice committee that deals with complaints against lawyers, said her panel had received 20 such complaints last month alone, and two lawyers had been referred to the Public Prosecution for failing to represent their clients.

Mrs al Niyadi advised clients to file a claim against their lawyers in civil court if they felt they had not been properly represented. "Defendants should come forward and complain about their attorneys when their absence from the court affects the course of their court case," she said. "A lot of defendants are not aware of their rights. They think their attorney should guarantee that the court acquit them. The lawyer knows the law more than they do, and lawyers always include in the contract that they could send someone else on their behalf when they are busy."

Chief Justice Shehab al Hammadi of the State Security Court said in court recently that the lack of reliable lawyers hurts defendants, wastes the court's time and puts a strain on lawyers who take up the slack. "We are often obliged to adjourn hearings only because the defendants cannot afford to appoint attorneys and not every lawyer is willing to volunteer his time," Justice al Hammadi said. One example involves a pregnant Palestinian woman sentenced to life in prison for smuggling drugs. She has had her appeal held up for at least three months because her lawyers have not appeared.

The woman, FA, was sentenced on April 13. Her original lawyer sent another lawyer to attend her appeal hearings, but that lawyer did not attend court. Justice Abdulrahman Bahloul of the Appeals Court then ordered another lawyer appointed; that lawyer also missed the next court date. On July 5, the court-appointed lawyer sent a colleague to attend on his behalf, which is illegal when the lawyer is appointed by the court.

In a second case, the family of a Bangladeshi man, NA, sentenced to four months in prison for forging documents to bring a 13-year-old boy into the country, told The National they paid a lawyer Dh10,000 to represent him. The lawyer has not appeared in court. He declined to comment. Yesterday, SS, a man charged with drug consumption, appeared before the Abu Dhabi Criminal Court of First Instance but had his hearing adjourned because his lawyer did not attend. Instead, the lawyer provided SS with papers outlining what his defence should be.

Mrs al Niyada said lawyers were obliged by law to exert full effort to defend their client. "If the attorney showed indifference, which happens very often, a defendant can lodge a complaint at the department," she said. "Many people hire an attorney without signing a contract. This encourages lawyers to either not show up or send another one on their behalf, depending on how honest they are. "When they sign the papers, defendants should make sure to include clear-cut conditions that would guarantee the lawyer exerts the right effort on the case he or she is representing."

Many defendants also have their cases delayed during the summer as judges take their scheduled holidays and courts operate less frequently. In Abu Dhabi, only new cases are heard, while trials that have already begun are put off until autumn. Dubai courts are open only a few days each week during the summer. hhassan@thenational.ae

Benefits of first-time home buyers' scheme
  • Priority access to new homes from participating developers
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Group A: Palmeiras, Porto, Al Ahly, Inter Miami.

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Group C: Bayern Munich, Auckland City, Boca Juniors, Benfica.

Group D: Flamengo, ES Tunis, Chelsea, Leon.

Group E: River Plate, Urawa, Monterrey, Inter Milan.

Group F: Fluminense, Borussia Dortmund, Ulsan, Mamelodi Sundowns.

Group G: Manchester City, Wydad, Al Ain, Juventus.

Group H: Real Madrid, Al Hilal, Pachuca, Salzburg.

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HAJJAN
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1.

United States

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The specs
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OTHER IPL BOWLING RECORDS

Best bowling figures: 6-14 – Sohail Tanvir (for Rajasthan Royals against Chennai Super Kings in 2008)

Best average: 16.36 – Andrew Tye

Best economy rate: 6.53 – Sunil Narine

Best strike-rate: 12.83 – Andrew Tye

Best strike-rate in an innings: 1.50 – Suresh Raina (for Chennai Super Kings against Rajasthan Royals in 2011)

Most runs conceded in an innings: 70 – Basil Thampi (for Sunrisers Hyderabad against Royal Challengers Bangalore in 2018)

Most hat-tricks: 3 – Amit Mishra

Most dot-balls: 1,128 – Harbhajan Singh

Most maiden overs bowled: 14 – Praveen Kumar

Most four-wicket hauls: 6 – Sunil Narine

 

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Engine: 2.9-litre twin-turbo V6

Power: 540hp at 6,500rpm

Torque: 600Nm at 2,500rpm

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Kerb weight: 1580kg

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South Africa v India schedule

Tests: 1st Test Jan 5-9, Cape Town; 2nd Test Jan 13-17, Centurion; 3rd Test Jan 24-28, Johannesburg

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T20Is: 1st T20I Feb 18, Johannesburg; 2nd T20I Feb 21, Centurion; 3rd T20I Feb 24, Cape Town

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What are the GCSE grade equivalents?
 
  • Grade 9 = above an A*
  • Grade 8 = between grades A* and A
  • Grade 7 = grade A
  • Grade 6 = just above a grade B
  • Grade 5 = between grades B and C
  • Grade 4 = grade C
  • Grade 3 = between grades D and E
  • Grade 2 = between grades E and F
  • Grade 1 = between grades F and G
Tearful appearance

Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday. 

Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow. 

She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.

A spokesman said her upset demeanour was due to a personal matter.

BIGGEST CYBER SECURITY INCIDENTS IN RECENT TIMES

SolarWinds supply chain attack: Came to light in December 2020 but had taken root for several months, compromising major tech companies, governments and its entities

Microsoft Exchange server exploitation: March 2021; attackers used a vulnerability to steal emails

Kaseya attack: July 2021; ransomware hit perpetrated REvil, resulting in severe downtime for more than 1,000 companies

Log4j breach: December 2021; attackers exploited the Java-written code to inflitrate businesses and governments

About Proto21

Date started: May 2018
Founder: Pir Arkam
Based: Dubai
Sector: Additive manufacturing (aka, 3D printing)
Staff: 18
Funding: Invested, supported and partnered by Joseph Group

Cinco in numbers

Dh3.7 million

The estimated cost of Victoria Swarovski’s gem-encrusted Michael Cinco wedding gown

46

The number, in kilograms, that Swarovski’s wedding gown weighed.

1,000

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50

How many looks Cinco has created in a new collection to celebrate Ballet Philippines’ 50th birthday

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The hours needed to create the butterfly gown worn by Aishwarya Rai to the 2018 Cannes Film Festival.

1.1 million

The number of followers that Michael Cinco’s Instagram account has garnered.

Sole survivors
  • Cecelia Crocker was on board Northwest Airlines Flight 255 in 1987 when it crashed in Detroit, killing 154 people, including her parents and brother. The plane had hit a light pole on take off
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The Florida Project

Director: Sean Baker

Starring: Bria Vinaite, Brooklynn Prince, Willem Dafoe

Four stars

COPA DEL REY

Semi-final, first leg

Barcelona 1 (Malcom 57')
Real Madrid (Vazquez 6')

Second leg, February 27