Medical condition, absence of CCTV footage, and weak evidence lead to a reduced sentence; defence seeks acquittal.
Ras Al Khaimah: The Ras Al Khaimah Court of First Instance has overturned a one-year jail sentence issued in absentia against a 49-year-old Gulf national, replacing it with a Dh10,000 fine after accepting his appeal and citing medical evidence along with gaps in the prosecution’s case.
In its ruling dated March 2, 2026, the court annulled the custodial sentence issued on February 9, while upholding the fine and court fees. It also ordered that the defendant undergo a psychiatric evaluation on May 4, 2026.
Incident in Al Nakheel
The case dates back to August 11, 2025, when the Public Prosecution charged the defendant with assault, property damage, and public intoxication.
According to the complainant, an Indian grocery worker in Al Nakheel, the incident took place around 6:30am when the defendant allegedly arrived in a white Lexus in a “highly intoxicated” state, shouting and causing a disturbance.
The complainant told investigators that he was assaulted, while his Samsung mobile phone was broken and a delivery motorcycle was allegedly damaged. Repair costs were estimated at Dh2,400, supported by invoices submitted to the authorities. A medical report later confirmed minor injuries, described as abrasions below the knee.
Evidence under analysis
The prosecution’s case was based on the complainant’s testimony, medical reports, repair invoices, and police findings derived from “secret sources” indicating that the defendant was intoxicated.
However, the court identified key gaps in the evidence. Although the incident allegedly occurred in a public area surrounded by shops with surveillance cameras, no CCTV footage was available. The case file also lacked any independent eyewitness testimony.
Defence challenges case
The defence, led by lawyer Hanan Salem Al Shimili, played a key role in contesting the conviction and filing the opposition that led to the retrial.
Al Shimili argued that the allegations were “physically and mentally impossible,” submitting official documentation showing her client is a registered “person of determination.”
Medical reports presented to the court detailed several conditions, including schizoaffective and bipolar disorders, tuberculosis, diabetes, neurological impairments affecting mobility, and vision problems.
The defence further claimed the charges were fabricated for financial gain, alleging that the complainant—who was a frequent customer at the shop—was aware of the defendant’s mental condition and attempted to exploit it to secure financial benefits and recover motorcycle repair costs.
