Summary of Decision
A public officer or person entrusted with a public service
is:
A person employed by a public association or corporation instituted
for the public benefit; or
A person who performs work related to public service by virtue of a
mandate given to him by a competent officer who is authorised to do
so according to the laws and regulations. For example, employees of
companies owned by the Government or the Ruler are entrusted with a
public service mission.
Facts
The Public Prosecution brought charges against Party A. It was alleged that from June 2006 to 15th July 2007 Party A (who was entrusted with a public service with Company X) had been involved in the execution of Government undertakings to sell and lease Government-owned industrial and commercial land within the confines of the Jebel Ali Police Station. Party A was paid commissions from the employer's client, to which he was not entitled. The commissions totaled AED 16,939,996, and were received by Party A by way of cheques and transfers. Party A deposited these cheques and transfers into the accounts of Company Y. Party A was authorised to manage Company Y's accounts.
The Public Prosecution requested that Party A be sentenced in accordance with Articles 228 and 230 of the Penal Code. On 28th May 2009, the Criminal Court sentenced Party A to three years imprisonment. Party A was also ordered to return the sum of AED 16,939,996 and pay a fine of AED 16,939,996 in respect of the charges against him. Party A appealed this decision to the Court of Appeal, and then to the Court of Cassation.
The Court of Cassation dismissed the appeal and held:
A public officer or person entrusted with a public service is a person employed by a public association or corporation instituted for the public benefit or a person who performs work related to public service by virtue of a mandate given to him by a competent officer.
It was held that Company X, for whom Party A worked, is a public corporation and company. Its employees are entrusted with a public service involving work related to public service by virtue of the following reasons:
- There is no question that HH The Ruler of Dubai's has Dubai's profile and the interests of his people and fellow citizens in mind when setting up his companies,
- According to HH The Ruler's Office, employees of Dubai companies, corporations and associations owned by HH The Ruler are entrusted with a public service. The Court of Cassation has held that his office is the highest administrative body with the right to determine whether the employees of such companies, corporations and associations are public officers or persons entrusted with a public service;
- The employees of such companies and corporations have been delegated their duties by HH The Ruler's Office. As such, they are public officers entrusted with a public service.
Article 228 of the Penal Code prescribes detention for a public officer or person entrusted with a public service which involves the preparation, administration or execution of contracts, orders, works or undertakings of the State or any of the bodies mentioned in Article 5 of the Penal Code and who benefits directly or indirectly from any of said activities or obtains for himself or for another person a commission in connection with any matter pertaining to the said activities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
