Tim Elliot: Welcome to Lawgical Lite, the bite-sized, speedier form of the podcast from the legal firm, Yamalova & Plewka, here in Dubai. I’m Tim Elliot. Once again, I’m at Jumeirah Lakes Towers in the district here. Ludmila Yamalova is the Managing Partner. We’re here today. Ludmila, I’ve been wanting to talk to you about a really unusual theft that’s been making headlines here in the U.A.E., and it’s the mango theft. You’ve seen the story?
Ludmila Yamalova: Yes, I have, and I’m very much looking forward to our Lite, bite-sized discussion about mangoes.
Tim Elliot: Let me just do the background quickly. This month newspapers have been reporting in the last week or two that an airport worker was fined for stealing two mangoes from a cargo consignment. That’s the basis. Now, this actual theft happened in August 2017, so over two years ago. The person in question said, and I quote, “I was thirsty. I was searching for water.” It was summer. You can understand that. He saw the box of fruit, and he took and consumed two mangoes. That’s the story. Subsequently, according to Dubai police prosecution, a security guard in the airport was checking surveillance cameras when he saw the defendant opening bags belonging to passengers. It was an India-bound flight. We’re not sure when the surveillance was checked, and it’s also been reported that the police first questioned the man over the theft in April 2018. Now, it’s taken a while to come to trial, and there are a few other questions, but your overall first impression?
Ludmila Yamalova: Well, two minded really. On the one hand, you’re looking at the story and thinking, my goodness, how did a story about two mangoes, the value of which was all of 6 dirhams, which is about $2.
Tim Elliot: Less than $2
Ludmila Yamalova: Yes, less than $2. How did that make it into the press and continue to be in the press at this level? That is one side of the story. But the other side of the story is: Why has it been featured in the media and are there some other reasons for it? Ultimately and from the legal standpoint and from the standpoint of being a resident of this country for x number of years now, it is a story that highlights a lot of important things about this country, the U.A.E. that is. Ultimately, what it comes down to is not so much the value of the theft or the nature of the theft, in this case being mangoes, but rather just the act itself. What are we talking about? We’re talking about theft. Yes, it’s just the two mangoes, and yes, they were only worth about 6 dirhams, but it doesn’t change the fact that (1) these mangoes were stolen and then (2) and perhaps more importantly, they were stolen in rather peculiar or special circumstances, and that is in circumstances or in a situation, a place where people of trust or people that are entrusted with rather significant responsibilities and also confidence work, and that particular area is restricted to those people.
Tim Elliot: This is a secure facility.
Ludmila Yamalova: Yes, exactly. It’s a secure area. It’s not like the people from the street can enter that area, so therefore it’s a very secure and protected area. Therefore, the expectation of the rest of us is that the area is protected and it’s secure, and it’s even secure from these small thefts, like mangoes. Really what we are talking about is a breach of trust, and the person who stole the mangoes breached trust of the passengers, the airport, and whatever other entities and parties involved. In the U.A.E. breach of trust is a criminal offense, and it’s pretty significant because it’s not just a misdemeanor. In other cases, theft of just a value of 6 dirhams could be a misdemeanor and just a slap on the wrist, but here it’s not just theft, it’s the breach of trust because of the circumstances under which this theft took place. Perhaps the reason this article, the story, has been highlighted in the news the way it has, is just to remind all those that hold such positions of trust that the law will not differentiate between a small ticket item and perhaps a more significant one and anybody who holds those positions of trust, the law will apply equally to all, and the expectation of protecting that trust will not be wavered.
Tim Elliot: So, it’s something that’s taken very seriously. In this particular case, for the record, the man denied theft. He was convicted, fined 5,000 dirhams. That’s about $1,400 or so. He was handed a suspended sentence. He’s been ordered to be deported. He’s got, I think, 15 days to appeal. That should be early in the second week of October, Ludmila.
Ludmila Yamalova: Yes. There is still a chance of appeal, but usually crimes that include or involve breach of trust do carry with them the punishment of deportation. Even if there is an appeal, chances are that at the end the lower court’s judgment will be affirmed and the person will ultimately face deportation nonetheless. Again, this is just to remind all those who perhaps are thinking that something as small as that could be forgiven, and to the rest of us who choose to live here and have made this our home, perhaps it’s a good remined and comfort that security here is truly at its best and that even small, or perceivably small offenses as this one will be properly prosecuted.
Tim Elliot: It reinforces the point that theft and, by extension, breach of trust is taken very seriously here in the U.A.E. Mangoes, fruit, whatever the commodity may be. That’s Lawgical Lite, a quick bite-sized podcast about a question that you may have or a story that’s been in the news. Don’t forget, you can find us at LYLawyers.com, find us on social media, and for a consultation go to LYLawyers.com and hit the Contact button on the website. Ludmila, good to chat with you. Thanks.
Ludmila Yamalova: That was a tasty subject.
