Mistaken identity issue 
haunts Indian expat

Mistaken identity issue 
haunts Indian expat Allan Jacob and
 Amira Agarib / 21 June 2013 His voice is unsteady as he narrates his arrest and the ordeal that followed in a mistaken identity case. George Thomas’s only “crime” was that he had the same name of a suspect on the run in a bounced cheque case. Today, he’s a shattered man, struggling to rebuild his life, reputation and business after the traumatic experience. The incident has left him scarred and he’s undergoing psychiatric treatment at a hospital in Dubai. But, after getting a clear chit in the case early this month, he’s still asking why the charge was foisted on him when the facts were as clear as day on the day of his arrest at Sharjah airport in 2011. Answers are not forthcoming from the police or the legal affairs department, who appear to have closed the file stating that an “amicable solution” has not been reached. Frustrated with their lack of response, Thomas is considering going to court again seeking compensation. ‘’I don’t know where to start now, it’s all a whirl, my mind is spinning. Friends deserted me for something I didn’t do. In their eyes, I had become a criminal,’’ says Thomas, an Indian expat, who runs a business in Sharjah. He places neat red files on the table and points to a section which has his passport copy and that of the alleged perpetrator. The victim and violator on the same page. “Do I look like him?” he asks. “It was clear from the start that I was not the man they were looking for. Yet, I was imprisoned and mocked in front of the world and later cast aside like my life didn’t matter, he says, his anger rising. “I’ve lived in the UAE for 15 years and I don’t deserve this.” Thomas’s troubles began on December 18, 2011, after he was arrested at Sharjah airport on his way to India. The case dates to 2006, when a bank filed a petition with the Bur Dubai police station against their customer George Thomas Thomas, aged 54, after a cheque issued by him had bounced. The file moved to the Dubal Public Prosecution and the department issued an order against George Thomas P. V. Thomas, aged 46 (the wrong man) on September 26, 2010, according to records. He was tried in absentia and sentenced to five months in prison by the Dubai Court of First Instance. Summons were issued on February 2, 2011, and an arrest warrant was issued on February 7, 2011. Thomas was picked up from the airport and separated from his wife and kids. He was lodged in Dubai’s Al Aweer jail, where he was interrogated. He says he had nothing to confess, and three days later, he was released after he handed over his passport. “I could not go anywhere and my business was hit as losses mounted. My family suffered in silence, my mental balance was affected and I checked into a hospital for psychiatric treatment,” he says. Through all this trauma, he also had to attend hearings at the Court Of Appeal. “I was confident I would win the case, and I did after a long trial spanning 10 sessions.’’ The appeals court overturned the verdict and ruled in his favour on May 7, 2012. George Thomas P. V. Thomas was not a criminal after all. He was free to go. “It was right in front of their eyes when they first arrested me; only they didn’t see it.” Since then, he’s been seeking answers from the Dubai Police. “Why me?” he often asks during our conversation, staring into the distance. “They never took notice when I protested and pleaded my innocence two years ago. Now, they don’t bother,’’ he says. He sought an explanation from the Dubai Police Headquarters, but they referred the matter to the Legal Affairs Department who, on June 6 this year, issued a certificate stating that the disputed parties had “failed to reach an amicable settlement”. It’s a statement that is as befuddling as his arrest and incarceration on trumped up charges. Thomas, meanwhile, has sent a letter through the Indian consulate to the office of His Highness Shaikh Mohammed bin Rashid Al Makhtoum, Vice-President and Prime Minister of the UAE, and Ruler of Dubai. “Shaikh Mohammed’s quest for excellence is something I admire. I only hope the criminal justice system seeks excellence and not send more innocents like me to jail. They’ll only ruin lives of honest people.’’   Legal view According to Dr Jamal Al Sumaithi, Director-General of the Dubai Judicial Institute, any person who has been unfairly subjected to harm and his/her rights have been violated, can lodge a complaint against the government department concerned. “They should approach the legal department of the Dubai Government which will help the two parties reach a solution. If they fail to do so, the affected party may approach the Dubai Civil Court.” — allan@khaleejtimes.com Taylor Scott International