Dud cheque order divides lawyers
PROSECUTION CAN’T BE OPPONENT AND JUDGE AT THE SAME TIME, THEY SAY
Lawyers in Dubai are divided over the implementation process of the Legal Order on bounced cheques and have urged that such cases be handled by a specialised judge, instead of the prosecution.
Speaking at a session organised by the Emirates Association for Lawyers, they said the prosecution can’t be the opponent and the judge at the same time in bounced cheque cases.
“They should be referred to a specialised judge,” said Zayed Saeed Al Shamsi, chairman of the Board of Directors of the association.
Senior advocate general Ali Humaid Bin Khatem said much like a traffic fine, the Legal Order can also be contested.
The Legal Order Law allows prosecution to impose a fine of up to Dh10,000 on people with bounced cheque cases under Dh200,000, without referring the matter to court.
Despite the Legal Order in Dubai helping to improve the judiciary’s efficiency and reducing its workload where bounce cheque cases are concerned, lawyers have urged that the order is issued by judges, not senior prosecutors.
During a session organised by Emirates Association for Lawyers and Dubai Public Prosecution last week, lawyers and prosecutors discussed the Legal Order Law No 1 of 2017 that came into effect in December 2017, according to which people with bounced cheques worth less than Dh200,000 can be punished by prosecution without the case being referred to court, against a maximum fine of Dh10,000.
Emirati lawyers told Gulf News that the prosecution can’t be the opponent and the judge at the same time in bounced cheque cases. “The prosecutor in the case is the suspect’s opponent and legally, can’t be the opponent and the one who issues the Legal Order. Such cases should be referred to a specialised judge of the one-day court,” lawyer Zayed Saeed Al Shamsi, chairman of the Board of Directors of the association told Gulf News.
Optional procedure
Dubai’s senior advocate general Ali Humaid Bin Khatem said that the Legal Order is optional, not a must for suspects in bounced cheque cases. “Legal Order is optional like the traffic fine, people can either pay the fine or contest it. Prosecution is not always against the suspect,” Bin Khatem said.
According to the law, the defendant can appeal within seven days against the Legal Order. However, lawyers criticised the mechanism, claiming there must be facilities at airports and police stations to pay the fine. Emirati lawyer Ali Musabah said that sometimes the Legal Order upset his clients’ travel plans as the fine came as a surprise at boarding points.
“Usually text message is sent to the suspect’s phone to inform him about the Legal Order session or the payment, but what if the person doesn’t check the phone?,” he said.