A voice message sent by a young man to another, in which he accused him of being a “false witness,” led to his being referred by the Public Prosecution in Ras Al Khaimah to the Criminal Court, on charges of defaming the victim via an information technology means. The accused was fined a thousand dirhams for the accusation against him, and he became… The ruling is final and final, as it was not challenged on appeal by the defendant, as a civil court of first instance ruled, obliging the defendant to pay the plaintiff 6,000 dirhams, compensation for the moral damages he suffered, and the appropriate amount of the lawsuit’s fees, expenses, and attorney’s fees, and rejecting anything more than that.
In detail, the plaintiff stated that the defendant sent him a voice message via WhatsApp, in which he accused him of being a “false witness,” and that the defendant’s action harmed his reputation, led to contempt among his family and relatives, and reduced his dignity, contempt and humiliation, and it was proven according to the final criminal ruling. The elements of tort and damage.
He explained that, given the material and moral damage he suffered as a result of the defendant insulting him in the presence and hearing of his friends at work, he is demanding that the latter be obligated to pay him 20 thousand dirhams, the legal interest of 12%, and obligating him to pay fees, expenses, and attorney fees.
In the merits of a civil court of first instance ruling, it was stated that the criminal order has no authority against the civil court, unlike final criminal rulings, and that the court has discretionary authority to determine the truth of the incident, and to estimate the extent of error on the part of the defendant, and the causal relationship between him and the damage that was caused. The plaintiff, the validity of his slander, the extent to which the defendant was proven to be at fault or not, and the extent to which he caused harm to the plaintiff. She explained that based on the facts of the case, the Public Prosecution’s investigations, and the criminal court session, it became clear that the defendant confessed to defaming the plaintiff by sending a voice message to the latter, calling him a “false witness.” These confessions were made before the police, and during the investigations of the Public Prosecution and the court.
She pointed out that the court, within the framework of its discretionary authority to determine the truth of the incident, and the extent to which the defendant was proven to be wrong in harming the reputation of the plaintiff and insulting him through the voice message, considers that the error is established, and is represented by his defamation of the plaintiff, and that the moral damage that befell the plaintiff Thabet, due to the insult and prejudice to his reputation, especially since the defendant told him that he would send this message to his colleagues at work, and thus the causal relationship between the moral damage he claims and the error attributed to the defendant was established. She added that regarding the plaintiff’s request for financial compensation, the plaintiff did not prove the nature of the damage he suffered, and the papers lacked any evidence proving the occurrence of this damage that he claims, so the court rejects his claim in this regard, and orders the defendant to be obligated to pay the plaintiff 6,000 dirhams, as compensation for what he suffered. He suffered moral damage, was obligated to pay fees, expenses, and attorney's fees, and the lawsuit was rejected for anything more than that.
• The Ras Al Khaimah Court obligated the defendant to pay 6,000 dirhams in compensation to the plaintiff.
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