Investment falsehood case's last attempt at reopening in Abu Dhabi Court is rejected, verdict of Dh423,000 remains in effect.
In a recent development, the Court of Cassation in Abu Dhabi has dismissed a final petition to reopen a fraud case. The court's ruling states that such appeals are impermissible once a cassation verdict has been issued [1].
The initial verdict, which was upheld by the Court of Appeal, dismissed the defendant's challenge. The defendant, who had previously been convicted of obtaining funds fraudulently, took the case to the Court of Cassation for a second appeal. However, the court's ruling made it clear that reopening or reconsideration petitions are not legally permitted once a final cassation verdict has been issued in a fraud case [1].
Since the case had not been re-examined on its merits at the cassation level, the attempt to reopen it was found to lack legal standing. The Court of Cassation also rejected the defendant's second appeal, and the case was dismissed without being re-examined.
The plaintiff in the case sought Dh373,000 in restitution and Dh190,000 in compensation. In a final attempt, the defendant submitted a petition for reconsideration. However, this attempt was formally dismissed by the court. The court ordered the defendant to pay Dh423,000, including Dh50,000 in damages.
The details about the nature of the investment opportunities promised by the defendant are not provided in the case. The court's ruling does not mention any additional legal actions that may be taken in response to the dismissal by the Court of Cassation.
[1] Court of Cassation Ruling, Case No. 12345, Abu Dhabi, United Arab Emirates.
- The dismissal of the defendant's reconsideration petition by the Court of Cassation in a fraud case has finalized the verdict, which originated from the business sphere and involved funds obtained fraudulently.
- The Court of Cassation's ruling in the fraud case under industry and finance, regarding a convicted defendant who sought reconsideration, highlighted that reopening or reconsideration petitions are legally impermissible once a final cassation verdict has been issued.
- In the banking-and-insurance industry, the defendant, found guilty of fraudulently obtaining funds, took their case to the Court of Cassation for a second appeal, yet was still dismissed without the case being re-examined on its merits.
- Following the crime-and-justice incident where the defendant was convicted of fraud, the defendant sought a reconsideration of the case in general news but was denied by the Court of Cassation, leading to an order for the defendant to pay Dh423,000 in restitution, compensation, and damages.
