Trial of Iraqi businessman Noor Zuhair called into question after unconfirmed reports of car crashes

Shafaq News/ Reports of Iraqi businessman Noor Zuhair's alleged involvement in a “fatal car accident” in Beirut's Hadath district have sparked widespread concern in Iraq. His trial, which was postponed from August 14 to August 27 due to his initial absence, is uncertain as the incident could potentially affect the trial and his appearance in court. Legal experts are examining how this development could affect the case.

Noor Zuhair: Main Accused vs. Innocent

In 2022, over 3 trillion Iraqi dinars (about $2.5 billion) were reported missing due to a coalition of five oil companies forging checks, leading to orders to summon officials close to former Prime Minister Mustafa Al-Kadhimi, including Finance Minister Ali Allawi, Prime Minister's Office Director Raed Jouhi, and others.

On October 24, 2022, Noor Zuhair, the chairman of one of the companies involved in the case, was arrested. He was later released on bail after Prime Minister Mohammed Shia Al-Sudani announced that 5% of the stolen amount had been recovered, with Zuhair promising to return the full amount within a few days.

Noor Zuhair Jassem Al-Muthaffar, also known as Abu Fatima, was born in Baghdad in 1980 and previously worked in Iraqi ports before becoming an adviser in the office of the former chairman of the parliamentary finance committee. Zuhair reportedly owns over 20 luxury properties in Baghdad and has significant financial assets and businesses.

Zuhair, a prominent businessman and managing director of Al-Mubdeoon Oil Services Company, was arrested as he attempted to leave the country on a private jet from Baghdad International Airport and is accused of playing a key role in the plot.

His trial was scheduled to take place on August 27 before the Central Criminal Court in Baghdad.

In a recent television interview, he defended himself, called for a public trial and threatened to publish names and details related to corruption cases.

In an interview with Al Sharqiya TV's “Al-Muwajaha” program, Zuhair stressed: “The funds I had were covered by checks and transactions that were verified by the Integrity Commission. They are not state funds. Not a single dinar belongs to the state.” He called the alleged theft of taxpayers' money “fake” and claimed that a member of parliament who is now speaking out against him once demanded a house with a plot of 1,200 square meters in Baghdad's upscale Al-Mansour district. He was referring to Iraqi MP Mustafa Sanad.

Zuhair also claimed that the “theft of the century” was nothing more than the “lie of the century” and announced that he would take legal action in international courts against those who accuse him of theft.

Unconfirmed reports of car accident in Beirut

Lebanese media reported on Friday that Zuhair was involved in a serious car accident in the Hadath region of the Baabda district of Mount Lebanon governorate and was subsequently hospitalized. Sources at Saint Therese Hospital, where he was to be taken, would neither confirm nor deny whether Zuhair had been admitted, citing doctor-patient confidentiality.

The Lebanese Red Cross and Civil Defense also stated that they had no records of a person named Noor Zuhair or any incident related to his transport to a hospital in the capital.

A Lebanese security source told Shafaq news agency that Zuhair left Lebanon on Friday after a brief three-day stay.

The source, who spoke on condition of anonymity, confirmed Zuhair's departure for the United Arab Emirates but did not comment on reports that he was involved in a car accident in Lebanon.

Official proof of postponement required

Regarding the legal implications of Zuhair's accident on the ongoing trial, legal expert Mohammed Jumaa clarified: “Reports, news and pictures circulating about Noor Zuhair's alleged accident are not binding on the court. The court deals with official documents, not media reports or photos published here and there.”

Jumaa added in a statement to Shafaq news agency: “If Noor Zuhair's defense team wants to request a further postponement of the trial, they must submit official medical reports proving that their client was involved in an accident and his health condition prevents him from appearing in court in Iraq. Otherwise, the criminal court may continue the trial in his absence, revoke bail and issue an arrest warrant against him. However, the case could be postponed if there are other reasons for postponement, such as a request from the plaintiffs to the tax authority and the Ministry of Finance.”

Court options after the accident

Lawyer Walid Al-Shabeebi explained that Iraq's Criminal Procedure Code No. 23 of 1971 regulates such situations, particularly Articles 143 to 151, which regulate the presence of the accused at the trial, whether in a criminal or misdemeanor court. Article 22 allows for the trial of an accused in absentia if he fails to appear after being duly notified without a valid reason, even if his legal representative is present.

Al-Shabeebi told Shafaq news agency: “If the defendant presents a legitimate excuse to the court, the court has two options: either accept the excuse and postpone the trial, or continue the trial and issue a verdict.”

In view of the recent accident in Lebanon, the court now has two options: “Either postpone the case due to this health condition, or, if the excuse is deemed unacceptable or fabricated, the Iraqi authorities could request their Lebanese counterparts to extradite the accused or pursue him through Interpol.”

Court proceedings in absentia or involving Interpol

Legal expert Ali Al-Tamimi noted that “Noor Zuhair's case was referred to the Criminal Court by the Investigation Court. The case relates to Article 444, Section 11 of the Penal Code, which relates to theft of state funds. The punishment for this crime can be up to 10 years in prison. However, the defendant was released on bail and the Criminal Court postponed the hearing to the previous session due to the defendant's failure to appear.”

Al-Tamimi told Shafaq news agency: “The court has the right to postpone the hearing once or twice if there are valid reasons for doing so, such as an emergency that prevents the defendant from being tried. In such cases, the court may postpone the hearing to a later date.”

“Suppose the accused does not appear at the next sessions. In this case, the criminal court has the authority to revoke the bail and refer the surety to the investigative court under Article 119 of the Criminal Procedure Code. This carries a sentence of six months' imprisonment.”

He explained: “If the criminal court takes this measure and the defendant still does not appear, or if the guarantor declares that he cannot present the defendant, the court can convert the trial from a public trial to a trial in absentia. This means that the trial will be held in the absence of the defendant after the court sets a deadline of two months for the trial and announces this in the media. If the defendant does not appear within six months, the trial in absentia will become a public trial and the verdict will be considered as if the defendant had been present. The verdict will be published in all media in Iraq. When the case reaches this stage, the public prosecutor or the Integrity Commission will contact Interpol to bring the fugitive defendant to justice.”

Al-Tamimi said of the reported car accident in Beirut: “This incident must be supported by documented medical reports that must be sent to Iraq either through the defendant's representative, guarantor or lawyer. These reports must be official and sent to Iraq by the Ministry of Health in Beirut.”