Thursday, May 16, 2013
Dubai: An etisalat technical report brought delight to an executive as it confirmed someone could have sent a blasphemous SMS from his mobile to his colleague using an overseas server.
The 35-year-old British executive, D.M., was acquitted on Thursday of sending a blasphemous text message cursing Islam and the Prophet Mohammad (PBUH)) to his countryman colleague based on the conclusion of the technical report.
The colleague, K.S., had complained that he received an offensive and blasphemous SMS from D.M.’s mobile phone shortly after they returned from a business trip in Saudi Arabia during which he took the opportunity to perform Umrah.
His lawyer Khalid Abdul Wahhab said before the Dubai Misdemeanour Court that his client was innocent.
“When he first came to me, I hesitated in taking up his case and defending him. However our examinations revealed that someone else accessed the internet and used some sort of overseas server and forwarded the SMS to the claimant’s mobile phone,” he said.
The advocate asked the court to refer the case to etisalat’s technical experts to produce a report and confirm whether it was possible for someone else to have accessed the internet and sent the SMS.
Court records said etisalat’s report confirmed that it was technically possible for someone to have accessed the internet through a mobile phone operator outside the UAE and send the SMS to the victim’s phone hence making it look like the SMS was sent from the defendant’s mobile number.
The technical expert also showed up in court and confirmed the report’s findings.
During an earlier hearing, advocate Abdul Wahhab also suggested to the court that the defence team would perform an experiment to prove his client’s innocence.
Thereafter the court acquitted D.M.
K.S. alleged to the police that D.M. became agitated because he headed off to perform Umrah after they had finished their scheduled business meetings. He claimed that D.M. told him at the airport that prayer and Umrah were not part of their company’s rules and regulations.
The suspect, however, denied the accusations. Prosecutors said D.M. blasphemed and insulted Islam and Prophet by sending offensive and discourteous messages. He was additionally accused of abusing the telecommunication system and cursing K.S.
D.M. denied sending offensive messages to K.S’ mobile phone.
“I was asleep at the time when the messages were sent. I was surprised when I saw the texts... maybe someone else must have abused some sort of technology or computer programme and forwarded those SMSs,” he said.
Thursday’s judgement remains subject to appeal within 15 days.
By Bassam Zaza Legal and Court Correspondent
Gulf News 2013. All rights reserved.
