Problems with the law

Today there's another story in the UK press about a Brit falling foul of the law here, in that fine example of serious, quality journalism, The Sun tabloid.

It's an opinion-forming paper, with eight million readers.

Like previous similar reports it's a sensationalist story that misses the real underlying problem.

It's that underlying problem that needs to be highlighted and discussed.

The story is about Simon Andrews, and it's headlined: "Dubai Brit faces 6 months in jail for giving finger"

It goes on to tell its readers that Simon also faces deportation and that: "The Sun has broken a string of exclusives involving Brits falling foul of Dubai's draconian Islamic laws"

It quotes 'a British source as saying: "Police in Dubai appear ready and eager to arrest and imprison any Westerner for the slightest infringement of their medieval code."

'Medieval', 'draconian Islamic'. Let's get something out of the way first, before I move on to the real underlying problem.

Different cultures view many things differently.

In many societies a personal insult is considered trivial, the law reflects that and there's no punishment under the law. (Having said that, in those places if you insult the wrong person you may well be physically attacked, stabbed, shot).

In this part of the world society takes a personal insult very, very seriously. So seriously that it's a criminal offence which can lead to jail, and deportation for foreigners. Not 'medieval, draconian Islamic' but a reflection of the society's take on personal insults.

As always, it's a case of needing to understand the culture of the place you're in and acting accordingly.

Having got that out of the way, the real problem in this case is something I've posted about several times before. In concentrating on the charge The Sun is missing it, as they and many others have with previous stories. The real problem is the way the legal system works. Not the charge, the way the system works.

This case is another example of an unsubstantiated accusation. One person's word against another's. There is no evidence, there are no witnesses.

It surely must be wrong that a case can even be brought on that basis.

And it's another example of the, to me, astonishing fact that the accuser hasn't bothered to turn up in court. This happens time and time again, cases adjourned because witnesses, accusers, defendants simply don't bother to attend the hearings.

An Iraqi man claims that Simon lost his temper and raised his finger.

Simon denies it.

A 'court source' is quoted as saying: "Mr Andrews says the offensive gesture never happened. The Iraqi has never appeared in court to testify against him and there are no witnesses."

No witnesses, the accuser hasn't bothered to attend court to press his claim. Yet it's dragged on for eight months, during which time Simon has been barred from leaving the country. A friend surrendered his own passport as a surety, and that's also been in police hands for the eight months.

How can someone be charged on an unsubstantiated accusation, and punished even before the case has been heard by a ban on travelling? Is that justice?

And why is it still going on after eight months? If the accuser can't be bothered to put his case, the case should be dismissed. How on earth is justice served by adjourning the case?

What happens if the accuser never turns up, does Simon have to stay here forever with the case being endlessly adjourned?

These are the problems with the system that the sensationalist stories don't bother to highlight.

One, that a person can be arrested, charged (and barred from travelling before the case is heard) and found guilty on nothing more than the word of an accuser.

Two, that cases are endlessly adjourned because people don't bother to attend court. Such cases should be dismissed.

Dubai is an ultra-modern, international city state with ambitions to be a world player. The way the legal system works needs to catch up. Urgently.



The latest blow to Dubai's tourism appears in The Sun here.

Other recent examples of the underlying problem with the system are posted here.