Hassan Zubeidi moved to court last year opposing his prosecution over alleged malpractices at Dubai Bank, now under liquidation, and obtained orders stopping his arrest but with a caveat that allowed the Directorate of Criminal Investigations (DCI) to record statements that would help police with their investigations.
The previous order had left a window for the DPP to bring fresh charges against him since the order only restricted his arrest but not charges.
The DPP and DCI in their ground of opposition to the previous case filed by Mr Zubeidi seeking to stop his prosecution says the matter is of public interest, noting that the process of investigations or even subsequent charge did not infringe on his constitutional rights.
Former Dubai Bank chairman Hassan Zubeidi has suffered a blow after the High Court set aside orders stopping his investigation and prosecution over alleged malpractices at the lender.
Separate orders stopping his arrest will however remain in place. Mr Zubeidi had obtained orders which also suspended proceedings of other ongoing criminal cases at lower courts.
Mr Zubeidi moved to court last year opposing his prosecution over alleged malpractices at Dubai Bank, now under liquidation, and obtained orders stopping his arrest but with a caveat that allowed the Directorate of Criminal Investigations (DCI) to record statements that would help police with their investigations. The previous order had left a window for the DPP to bring fresh charges against him since the order only restricted his arrest but not charges.
“That a conservatory order be and is hereby issued prohibiting the first and second respondents whether by themselves, agents, or servants or otherwise howsoever from arresting, detaining, arraigning… or any other criminal case arising from or related to the matters in issue in this petition pending the hearing and determination of this application,” read the order issued on June 5, 2018 by High Court Judge Wilfrida Okwany, which has now been set aside.
The judge directed Mr Zubeidi to serve the papers in which he opposes his prosecution to the DPP and DCI to respond in seven days. The case will be mentioned on July 3. The DPP in the previous suit — pending at the High Court — said that it had commenced prosecution of Mr Zubeidi based on sufficient evidence provided by the DCI.
The DPP and DCI in their ground of opposition to the previous case filed by Mr Zubeidi seeking to stop his prosecution says the matter is of public interest, noting that the process of investigations or even subsequent charge did not infringe on his constitutional rights.
Mr Zubeidi had moved to court last year opposing his prosecution over alleged malpractices at Dubai Bank, now under liquidation, and obtained orders stopping his arrest but with a caveat that allowed the DCI to record his statements that would help police with their investigations.
The agencies argue that there are sufficient safeguards available to Mr Zubeidi during the process of trial in two criminal cases at the magistrate’s court.
Justice Eric Chacha Mwita last month extended the orders stopping his arrest until October 3, 2018 when the case will be heard but Mr Zubeidi has returned to court with a fresh application fearing fresh charges.
Mr Zubeidi, who describes himself as the former non-executive director of Dubai Bank, accused the DCI of persistently engaging in actions aimed at incriminating him with all manner of protracted misdeeds that affected the lender.
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