UAE denies judge access to Australian businessmen

FEDERAL Court judge John Logan had his diplomatic passport application in train ahead of travelling to the United Arab Emirates to hear evidence from two Australian businessmen who have been trapped in Dubai for more than 2? years on fraud charges relating to a multibillion-dollar building project.

By InvestSMART · 2 Aug 2011

By InvestSMART ·
2 Aug 2011

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But the passport, the trip and an Australian court hearing scheduled to start yesterday over the same building deal have all come undone.

There has been to-and-fro for nearly a year between the Department of Foreign Affairs and Trade, Australian embassy staff, the Commonwealth Attorney-General's office, the acting attorney-general of Dubai and the head of the Dubai prosecutors office among others.

The request to take evidence in Dubai was first met with a "no", then a "yes", and now again a "no". The Ministry of Foreign Affairs in the UAE declined the request and wrote: "This response is final." The word final was underlined.

Former Dubai Waterfront executives Matthew Joyce and Marcus Lee spent nine months in jail in Dubai awaiting bail. They have been accused of fraud and profiteering.

It has been alleged they and others who have since left the country cost the ruling family-owned company Nakheel - the parent company of Dubai Waterfront - millions of dollars in a land sale to the Australian developer Sunland Waterfront. Both men have maintained their innocence.

Sunland Waterfront is suing Matthew Joyce, developer Angus John Reed and his company Prudentia Investments, and Hanley Investments for alleged misleading and deceptive conduct over the same land deal. It is not suing Mr Lee.

Justice Logan said as evidence could not be obtained from Mr Joyce and Mr Lee, and others whom Sunland wished to question, either in person or by video link, the correct course for him to take was to adjourn the court case indefinitely.

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Frequently Asked Questions about this Article…

What happened when an Australian judge tried to travel to Dubai to take evidence in the Sunland Waterfront case?

Federal Court judge John Logan had a diplomatic passport application in train and planned to travel to Dubai to hear evidence, but the UAE declined the request. As a result the passport, the trip and an Australian court hearing scheduled to start were all undone.

Why was the Australian court case about the Dubai building deal adjourned indefinitely?

Justice Logan adjourned the case indefinitely because evidence could not be obtained from key witnesses — including Matthew Joyce and Marcus Lee — either in person or by video link after the UAE denied the request to take evidence in Dubai.

Who are Matthew Joyce and Marcus Lee and what are they accused of in the Dubai matter?

Matthew Joyce and Marcus Lee are former Dubai Waterfront executives. They have been accused of fraud and profiteering, were held in Dubai (spending nine months in jail awaiting bail), and are alleged to have cost Nakheel millions in a land sale; both men maintain their innocence.

Which companies and individuals are named in Sunland Waterfront’s legal action?

What did the UAE Ministry of Foreign Affairs say about the request to allow evidence to be taken in Dubai?

The UAE Ministry of Foreign Affairs declined the request and explicitly wrote, 'This response is final,' with the word final underlined in its reply.

Which Australian government offices were involved in trying to secure access to witnesses in Dubai?

There was to-and-fro for nearly a year involving the Department of Foreign Affairs and Trade, Australian embassy staff, the Commonwealth Attorney‑General's office, and communications with Dubai authorities such as the acting attorney‑general of Dubai and the head of the Dubai prosecutors office.

How long have the Australian businessmen been in Dubai under these fraud allegations?

The two former executives have been trapped in Dubai for more than two years on fraud charges and at one point spent nine months in jail while awaiting bail.

Does the UAE’s refusal to allow evidence-taking impact Sunland Waterfront’s ability to pursue the land deal case?

Yes. Because witnesses in Dubai could not be questioned in person or by video link after the UAE refusal, Justice Logan said the correct course was to adjourn the Australian court case indefinitely, delaying Sunland Waterfront’s pursuit of the matter in Australia.