An Indian employee is battling to reverse a deportation order following his conviction in a cybercrime and digital trading case. He was accused of defrauding a victim of nearly Dh20,000. Desperate to clear his name and avoid deportation, he is appealing the conviction before the Fujairah Appeal Court. The Fujairah Primary Court had previously found him guilty of using Telegram to deceive an Arab national into transferring money to two separate accounts via telegraphic transfer.
In July, the victim reported to the police that someone contacted him via Telegram and persuaded him to engage in online digital trading. The victim subsequently transferred the amount to the account provided by the accused. Upon investigation, the police discovered that one of the accounts belonged to the 26-year-old Indian defendant, who was then arrested. He was charged with cybercrime, deception, and swindling nearly Dh20,000 from the victim.
During questioning, the defendant denied the accusations, claiming that he found a job through an Instagram advertisement. His role was to contact his employer's clients and convince them to engage in online trading. Clients were then asked to transfer money to specific bank accounts in exchange for a commission. He stated that he was added to a WhatsApp group where he was instructed to provide his bank account details, which were then used to receive the money.
The accused was referred to the Fujairah Primary Court where he pleaded not guilty. Lawyer Hani Hammouda Hagag argued that his client "had no criminal intent" and did not deceive the claimant. Hagag pointed out that if the defendant had intended to defraud the victim, he would have used a false identity. "Actually, the claimant waived his accusation against my client and dropped the case. He also admitted during interrogation that they both had been defrauded by others. The crime of swindling and deception requires criminal intent and motives, which my client lacked," added Hagag.
Hagag further argued that the defendant only transferred the money "as part of his job and he transferred that money to his employers". He also stated that the accused had not personally benefited from the funds. Hagag submitted documents to the court to support his claim and requested the judges to acquit his client. "The evidence brought against my client are uncorroborated and unsubstantiated enough to convict the defendant," defended Hagag, who also provided the court with a copy of the victim’s waiver.
Despite these arguments, the primary court found the defendant guilty, citing leniency, and ordered his deportation without imposing a prison sentence. Lawyer Hagag confirmed to Khaleej Times that he has since appealed the ruling, aiming to overturn the deportation and prove his client innocent. A hearing before the court will be scheduled soon.
Source link: https://www.khaleejtimes.com
