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ಪ್ರಕಟಿಸಿದ ದಿನಾಂಕ : 2010-03-22  Three to be prosecuted for deaths of D'Souza children Dubai: A doctor, a cook and a restaurant supervisor are being prosecuted for negligence which allegedly led to the deaths of two children from food poisoning. Prosecutors charged the 46-year-old Iraqi woman doctor, 25-year-old Nepalese cook and 33-year-old Filipino supervisor with negligence leading to the deaths of a five-year-old boy, Nathan D'Souza, and his seven-year-old sister Chelsea, last year. The three suspects pleaded not guilty when they appeared before the Dubai Misdemeanours Court. Gulf News has learnt that the defendants are scheduled to appear in court Monday to submit their defence or ask for an adjournment to hear prosecution witnesses. The Iraqi doctor's lawyer Mohammad Al Suwaidi told Gulf News Sunday: "My client has pleaded innocent since the beginning of the investigation … she denied any negligence. The forensic doctor testified during the prosecution's questioning that my client did not commit any malpractice. We might submit our defence in today's hearing." Senior prosecution sources told Gulf News that the cook and the supervisor have been charged with violating the public health requirements of Dubai Municipality through unhygienic practices in preserving the food, which led to bacterial contamination. The doctor was charged with negligence in providing medical care to the children when they were admitted to hospital after eating a meal from the restaurant. According to the chargesheet, prosecutors said the children did not receive the necessary medical care to treat the food poisoning. The restaurant has also been added to the list of suspects. In October, the Dubai Public Prosecution had assigned the higher committee for medical liability in Abu Dhabi to look into the case. Chef ‘Killed’ Prostitute after Quarrel over Dh 100 22 March 2010, DUBAI — An Indian chef has been charged with the murder of a 49-year-old Azerbaijani prostitute following a dispute with her over sex for cash on Decemeber 28. The 36-year-old chef was charged in the Court of First Instance on Sunday with smothering her to death with a pillow. The woman’s body was discovered two days later from her apartment in Al Nakheel in Naif. The Egyptian man, an acquaintance of the murdered woman, who discovered the body told the police and public prosecution officers that he had come to check on her as another female friend, also an Azerbaijani, was beginning to worry because the victim’s mobile phone was switched off. According to the Public Prosecution’s arraignment sheet, the crime was linked to the theft of some of the victim’s personal belongings including her mobile phone, a gold necklace and Dh 310 in cash. The Egyptian man said no one had answered when he knocked at the victim’s apartment door. But realising that the door was not locked he entered inside which is when he spotted the woman lying motionless with a crumpled pillow covering her face. That, he added, is when he and a friend (who had accompanied him) decided to alert the police. The police arrested the defendant at around noon on December 31. He disclosed that he had allegedly paid the prostitute Dhs 200 but that the latter not only refused to have sex with him twice for that sum of money, but also refused to return Dh 100. Later, when his place was searched, the police recovered the victim’s mobile phone, a gold necklace and some documents. The forensic report confirmed that the victim was killed after she had been smothered with a pillow while she was lying on her back. A used condom was also recovered from a trash can and its semen stains matched the defendant’s, the police said. RTA Mulls Making Health Declaration Must 21 March 2010, RTA is planning to make it mandatory, both professional and non-professional, to declare their health condition at the time of licence procurement and renewal. The plan, still in early stages of preparation, could be implemented at the federal level if approved. Ahmed Behroozian, The Roads and Transports Authority’s (RTA) head of licensing, told Khaleej Times, “This is to ensure road safety for both the drivers and pedestrians.” A British consultancy hired by the RTA has submitted a number of recommendations pertaining to medical conditions and how they could affect a driver’s fitness to drive. As per the plan, professional drivers will be required to undergo the process every five years, non-professional drivers ever 10 years, he said. “Most probably the new licensing requirements will only be for people in a certain age category,” Behroozian said. “We have to know from a medical perspective as to how capable they are of driving.” Those suffering from epilepsy, fits or blackouts, giddiness, diabetes, Parkinson’s disease, sleep apnoea, memory loss and other debilitating conditions will have to declare so. Those implanted with cardiac pacemakers and defibrillators, those with a history of alcohol or drug dependence, and those who have undergone major surgery will also need to make the declaration. Eye test reports are already a licensing requirement by the RTA. Such requirements are commonplace in several countries, explained, Nick Sanders, Driver Training Specialist at RTA’s Licensing Agency. “There are a number of such restrictions in Europe,” he said. “For example, people above 67 are limited to certain geographical areas, since they could be suffering from dementia.” In Britain — a model the UAE hopes to follow — drivers are required to sign personal declaration forms. Sanders said the conditions were even stricter in Spain and included psychological and physical testing. “The drawback in such forms is that a person could be dishonest in expressing his condition,” said Sanders. “And compulsory medical tests can deprive many people of their licences.” A better solution, he said, would be to conduct regular driving assessments and also regulate medical centres and specialists by asking them to refer people with special conditions to the licensing authority Brain congestion main cause of 4-year-old Pakistani rape victims death A forensic doctor told Dubai Appeals Court the injuries meant force was used against the boy Dubai: A four-year-old boy who was raped and murdered last November died of brain congestion, a court heard. A forensic doctor told Dubai Appeals Court the injuries meant force was used against the boy. The court is hearing the appeal of Emirati convict, R.R., 30, on death row for rape and murder. Man who lost job after 34yrs service can't enter UAE Abu Dhabi: A man who went on annual leave to his home country had his work contract terminated by his new boss and was slapped with a ban from entering the country, his wife has alleged. Sally Mathew, whose husband Thomas, an Indian, who worked for a government department in Abu Dhabi for more than 34 years, told Gulf News that the new management at her spouse's work place terminated his work contract and imposed a life ban while he was on annual leave, which is against the law. Sally, who once lived in Abu Dhabi with her three children and husband, said a year ago her husband went to India on annual leave, but while on vacation some administrative changes took place in the office. The new director terminated the services of her husband and some other employees and put an entry ban on him for no reason. He could not return to the UAE or receive his end-of-employment benefits. "I stayed alone in Abu Dhabi with my kids for some time. We were even asked to leave the accommodation given to us by my husband's employers. I did not know what to do or where to go. My husband was in India and could not return here," she said. Threat Sally alleged she tried to meet the new director, but he [the director] refused to see or to listen to her. "The director even threatened us that if we did not vacate the flat immediately, we would have to face the consequences," Sally said. She said she reported the case to police and court. "The court ordered that I vacate the flat, which I did. I left Abu Dhabi for India as I had no job or place to stay," she said. Mathew told Gulf News by phone from India that he did not receive his end-of-service benefits after he served for more than 34 years. "The court is deciding whether to lift the ban or to give me my end-of-service benefits," Mathew said. "This has put a lot of mental strain and financial tension on us." He said the incident happened a year ago when he took his annual leave and went to India to see his ailing mother and to spend Christmas with his family. "I had 60 days' leave approved by my work place. There was a sudden change in the management. The director was shifted, and another one took over," he said. "My case is still with the Public Prosecutor in Abu Dhabi. It is more than a year now. I have great respect for the legal system of the country and believe justice will be done to me," he said. A Public Prosecution official said they are looking into his case, which they hope will be resolved soon. Dubai bans cooking with alcohol DUBAI. Chefs yesterday said au revoir to coq au vin, arrivederci to tiramisu and bye-bye to steak-and-ale pie. No longer will alcohol be an ingredient in dishes served in Dubai’s restaurants even in hotels after a determined push by inspectors. The municipality said yesterday it had sent a circular to all food establishments in Dubai last week ordering them to stop the sale of any dishes containing alcohol. Managers at restaurants and hotels said yesterday they were dismayed by the order, which enforces a widely flouted 2003 law, saying it could damage business. “There have been a lot of violations, with hotels often hiding content of alcohol in food from customers,” said Ahmed al Ali, the head of food inspections at the municipality. “This is a Muslim society and visitors to our hotels are our guests. It is important to ensure they are informed about everything.” Outlets found to be in violation of the ban face fines of between Dh5,000 (US$1,360) and Dh20,000, although an initial grace period will be allowed. The circular was partially the result of complaints from customers, Mr al Ali said. Hotels and restaurants must remove the offending items from their menus even if their alcohol content is clearly displayed. “Serving alcohol in hotels is different and that can be done by getting a permit,” he said. “However, alcohol in food is not permitted.” Some chefs said enforcement of the ban would hurt their menus and argued that in most dishes the alcohol disappears during cooking. Yann Chevris, general manager of Nozomi, a Japanese restaurant at the Al Habtoor Grand hotel, said that certain delicacies would no longer taste the same. “If implemented this is going to affect the food industry. In fact, it will change the taste of food in Dubai’s hotels,” Mr Chevris said. “At a certain level of cooking it is impossible to get the same taste with such restrictions. “In Japanese food, a lot of sushi is with alcohol, and so is teriyaki.” Uwe Micheel, president of the the Emirates Culinary Guild, said: “This is not the final decision. A lot of the chefs have spoken to the municipality and we are hoping to hear from them on Tuesday. We believe that a new circular is expected, which will be less severe.” However, the Dubai Municipality said the law had taken effect and would be enforced. Some hotels have already begun to remove from their menus dishes containing traces of alcohol. Colin Clague, executive chef at Zuma, a Japanese restaurant in Dubai International Financial Centre, said he took alcohol off his menu last year when DIFC advised him to do so. “Most of my dishes can be done without alcohol. I have tried teriyaki without alcohol but it cannot be done. “If the municipality wants me to take it off the menu, I have no other choice,” he said. Other restaurants would have a harder time changing their menus, he said. Alcohol is a key part of many European dishes. It evaporates at 79°C – a lower temperature than water, which evaporates at 100°C – but some usually remains in dishes after cooking. How much depends on a range of factors, such as whether the dish was baked or flamed, for instance, and how long the heat was applied. The circular also states that outlets serving alcoholic drinks must keep these separate from food products during storage, preparation and display. Damas jewellery firm’s boss ‘borrowed’ 2 tonnes of gold DUBAI. The three brothers at the head of the Damas jewellery business were yesterday fined more than Dh11 million, required to repay Dh365 million in cash and almost two tonnes of gold, and banned from running any company in Dubai for up to 10 years. The verdict follows a five-month investigation into Damas by the Dubai Financial Services Authority (DFSA) . Its report revealed that Tawhid Abdullah, the former Damas chief executive, “borrowed” almost two tonnes of gold from the company’s vaults. The gold, which has not yet been returned, was used to make “certain personal investments”, the DFSA said. The regulator found that Tawfique, Tawhid and Tamjid Abdullah used Damas bank accounts as a cash reserve from which withdrawals were made for their personal use. About 2,200 debit transactions were recorded between July 2008 and October last year, covering items ranging from petrol for the brothers’ cars to multimillion-dollar property investments. There was no limit to the amount that the brothers could withdraw from the Damas bank accounts. The DFSA’s action yesterday is unprecedented. Damas as a company was fined Dh2,569,000, of which Dh367,000 is due within a month and the rest suspended. The three brothers were fined Dh11,010,000 for violating DFSA regulations and are required to pay Dh1,101,000 within 180 days, with the rest suspended pending their co-operation with the authority’s recommendations. The brothers had previously promised to pay back the money they owe the company, and they are now required to do so The DFSA also banned each of the three brothers from holding an executive position at any company in the Dubai International Financial Centre for between five and 10 years, including the jewellery business their grandfather founded more than 100 years ago. The DFSA action comes five months after Tawhid Abdullah revealed to the board of directors that “unauthorised transactions” totalling Dh365 million (US$99.3m) had been made. The number was eventually increased to Dh606 million. After this disclosure Tawhid stepped down as managing director and chief executive. The unauthorised transactions included at least 50 property deals, including investments in the Angsana Hotel and Suites, twin 49-storey towers on Sheikh Zayed Road in Dubai. One tower has since been sold. “We referred this case to both the police and the office of the prosecutor,” said Paul Koster, the chief executive of the DFSA. “We have an obligation under the UAE penal code to refer conduct of a possible criminal nature to the relevant authorities.” The brothers yesterday declined to answer questions, but Damas said in a statement that they were working closely with the DFSA. Nasser Saidi, the chief economist of the DIFC, said the case illustrated the weaknesses in corporate governance that have become all too familiar during the global financial crisis. “The Damas case is a very important reminder to the boards of regional companies of the directors’ duties and liabilities,” he said. “This action will remind directors of public companies that they owe a duty to the company and to all their shareholders, which supersedes any duty they have to their own private interests.” Damas said yesterday it wanted to assure shareholders and employees that it “was focused on long-term stability and growth”. Dubai Public Prosecution declined to comment, while Dubai Police could not be reached for comment. Damas began its goldsmith operations in Syria in 1907, when it was founded by the grandfather of the Abdullah brothers, and its first branch opened in Dubai in 1959. According to the company’s website, it now has around 450 stores in 18 countries.
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