Businesswoman files Dh2b civil damages suit

Monday, Nov 01, 2010

Gulf News

Dubai An ex-minister and two managers, who were earlier convicted of breaching a Lebanese businesswoman's trust, are facing a civil compensation claim worth Dh2 billion.

The Dubai Civil Court yesterday started hearing the civil suit lodged by Maysoun Jamal, against former state minister Khalifa Bakhit Al Falasi, Indian finance manager B.M. Raman, and American general manager Samir Helmi.

In April, the Dubai Cassation Court sentenced Al Falasi, Raman and Helmi to one-year suspended imprisonment for breaching Maysoun's trust pertaining to her late brother's stake in an IT company.

The court referred Maysoun's civil suit to Dubai Civil Court which held its first hearing yesterday in courtroom six.

Maysoun's lawyer Essam Al Tamimi said his client is seeking Dh2 billion in moral, emotional and financial damages after the defendants embezzled and misappropriated the IT company's assets.

The ex-minister's advocates Samir Al Jaafar and Hussain Al Jaziri and lawyer Abdul Moniem Bin Suwaidan, who represents the two managers, are expected to submit their defence on November 23 when the court reconvenes.

Al Tamimi said: "[Maysoun's] brother established the IT company in 1996. He managed its administration until early 2005 and brought it fame, high proficiency and huge profits and revenues. To establish the company, the brother needed an Emirati partner. So he drafted an establishing contract with Al Falasi as a local partner, provided that the latter should appear as a partner in order to complete the legal formalities against a Dh300,000-annual payment.

"The amount later increased to Dh600,000 against providing his services as a sponsor to the company. Raman and Helmi were [the] managers.

Take over

"In 2005, [Maysoun's] brother [was diagnosed with] cancer and signed a power of attorney [appointing] his sister, Maysoun, to manage the company. When she came here to do so, she discovered that Al Falasi [took over] the company [and] claim[ed] to be a real partner [who] owned 51 per cent of the share. Raman and Helmi aided him. She was subject to verbal and written threats. She was coerced and pressured to waive her stake in the IT firm."

Al Tamimi also asked the Civil Court to assign a committee of three experts to review the case and visit the IT company's headquarters and do the required auditing.

"We ask the defendants to return the embezzled assets to my client. We are seeking Dh2 billion plus 12 per cent legal interest against Maysoun's damages," he concluded in hispetition.

Al Falasi, Helmi and Raman had denied breaching the trust of the businesswoman and coercing her to waive her stake in the IT firm.

The Dubai Appeals Court had earlier rejected Maysoun's request to place the IT company's management and administration under provisional seizure.

By Bassam Za'za', Senior Reporter