Sharjah court denies relief to Mumbai-based DJ Clayton in drugs case

Clayton Rodrigues with wife Falyn. File pic

In a significant blow to Indian authorities, the Sharjah Federal Court of Appeal has denied the application of Mumbai-based disc jockey (DJ) Clayton Rodrigues, who was falsely implicated by Mumbai-based baker Anthony Paul and his associate Ravi Bobate, also known as Prasad. Actress Chrisann Pereira faced a similar situation but was acquitted by the Sharjah court based on the Mumbai Crime Branch's investigation.

Clayton, another victim of Paul's schemes, was arrested in February and received a 25-year sentence from the lower court in May this year. The family's only hope now rests with the Supreme Court of Sharjah, while Indian authorities intensify efforts to highlight the framing orchestrated by those who targeted Pereira earlier.

The three-bench Sharjah Federal Court of Appeal, affirming the lower court's decision, stated in its order accessed by mid-day: "The court, in its judicial role, sought to comprehend the case's reality, assess its evidence, weigh it, and adopt what it deemed appropriate. Extracting and prioritising the truth is pivotal to the discretionary authority of the trial court, as long as such extraction is permissible and has its proven origin in the papers. The judge retains the right to establish the facts of the case."

The order further stated that the criminal court has broad authority and complete freedom to verify whether the crime has been proven and to determine the accused's relationship and connection with it. "This is the standard in criminal trials, unless Islamic law or other laws restrict it to specific evidence. The first-degree court documented and clarified the circumstances of the case, including all the legal elements of the crimes, by arresting the accused at Sharjah International Airport."

Rejecting the appeal Rodrigues, the court said that the evidence against him - including the narcotic substance and poppy seeds - was presented as valid and corroborated by the papers. It said that based on the report of the Drug Enforcement Administration and after his arrest by the General Administration of Narcotics in Sharjah, Rodrigues was charged with bringing a narcotic substance (Indian marijuana) of more than twenty grams in unauthorised cases and bringing more than five poppy plants. "The appellant was apprehended at Sharjah International Airport for bringing narcotic drugs from the Republic of India," it said.

"During the public prosecution's investigations, the accused admitted that these items were found hidden inside a cake in his possession while being searched by Sharjah Airport Customs employees," it said.

"Upon questioning, the accused confessed to the two charges against him. He claimed that a person named Barsat (Prasad is wrongly spelt in the order as per sources in the Crime Branch) had given him the items, but did not disclose Barsat's identity. This claim was deemed a defence strategy to escape punishment, as the defence witness provided only unsubstantiated statements, which were consequently disregarded," the order stated.

According to the order, at a session on May 24, 2023, the court sentenced Clayton Godfrey Rodrigues to life imprisonment and a fine of 5,00,000 dirhams for the two charges against him, along with deportation from the country after executing the sentence, confiscation of the seized items, and payment of the judicial fees. Rodrigues appealed against the judgment but it was upheld by the Federal Court of Appeal, Sharjah.

During the session in May, the court conducted a video call with Rodrigues from his prison cell, with his lawyer and translator attending. The court inquired about the charges against Rodrigues and his reasons for appealing. Initially, he admitted to the charges but later denied them, claiming that a person named Barsat in India had given him the items to deliver to someone in Dubai, and he was unaware of the bag's contents.

A request was made to hear the defence witnesses, and the court postponed the session to August 21 for this purpose.

At this session, Rodrigues, accompanied by his lawyer and sworn translator, was presented via video conferencing. Defence witness Kunzalves Kidin was also present. The court also examined one Indian witness who told the court that Rodrigues was unaware of the contraband concealed inside the consignment.

The family of Rodrigues is now planning to move to the Supreme Court as there is clear evidence that he was framed by Paul.

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