The British teenager who faces 20 years in prison in Dubai for a holiday affair with a 17-year-old girl has been deliberately targeted by local police, who recorded his age as being one year older than he really is and said his nationality He is Pakistani, so he is treated more harshly, it has been dramatically stated.
Marcus Fakana, 18, a Tottenham construction apprentice, is currently locked up in a cell in the United Arab Emirates awaiting sentencing for having underage sex with a 17-year-old London girl who was on holiday. with their parents, something that would not have been a crime. in the UK.
Now the campaign group that first revealed his arrest has claimed that Marcus has been deliberately targeted by Emirates police to try to ensure he faces the largest possible sentence.
Their claim is based on two anomalies in the prosecution’s case notes that they believe were deliberately made: Marcus’s age and nationality are wrongly recorded.
Instead of 18, Marcus was listed as a year older, which would mean he could be sent to a higher court in Dubai, which is authorized to impose a harsher sentence, similar to being sent to a Crown Court instead of a the judges of the United Kingdom.
And his nationality had been described as Pakistani rather than British, which campaigners said in practice meant he would face a harsher sentence.
Pressure group Detained in Dubai said Marcus, whose trial is scheduled for December 9, believes both errors, which have now been corrected, were made intentionally by local police.
Radha Stirling, founder of Detained in Dubai, which is helping the Fakana family, said: ‘Marcus told them his age, but they wrote down that he was 19. Instead of a small gap between the two, a two-year gap looks much worse.
Campaigners say British teenager Marcus Fakana, 18, who faces 20 years in prison in Dubai for a holiday affair with a 17-year-old girl, has been deliberately targeted by local police.
“That has now been corrected and the court will see it.”
He continued: “The UAE is racist and it was deliberate that his nationality was listed as Pakistani, as in court this would appear much worse than British.”
Marcus’s family have raised almost £27,000 from a GoFundMe account to pay for his legal fees and accommodation.
Sterling said Marcus has been “too afraid” to go out while staying alone in Dubai in a rented apartment.
His family posted bail of £2,600 so he would not spend any time in jail. Marcus was initially held at the “famous” Al Barsha police station in Dubai for several days.
Mrs Stirling said: “I hope that when the trial comes he will be fined and then deported, but his lawyer is not so sure.”
The teenager had been in Dubai with his parents for a family reunion and to celebrate his father’s birthday when he struck up a friendship with the girl.
According to UAE law, only tourists over 18 years of age can sleep together.
Marcus pictured with his family, who have raised £27,000 to help cover his legal fees.
While the relationship would have been legal in the UK, under Dubai law a 17-year-old is considered a child. The girl has already turned 18 years old.
The Christmas romance, with both teenagers staying in hotels with their parents, lasted ten days.
Since returning to the UK, the girl, who has not been identified, has turned 18.
The girl’s “strict” mother contacted Dubai police upon her return after finding messages and photos from Marcus on her phone.
The police investigation revealed that the sex between the couple was consensual after examining all the messages the couple had exchanged during their time together.
They also recovered CCTV footage from Dubai hotels showing the couple together.
It was at the teen’s initial arrest that his age was recorded on the charge sheet as 19, meaning the gap with the girl was two years and not a few months.
His nationality was also listed as Pakistani despite presenting his British passport.
He left school this summer and is in an apprenticeship program to work in the construction industry.
It was at the teen’s initial arrest that Marcus’ age was noted on the charge sheet as 19, meaning the gap with the girl was two years and not a few months. His nationality was also listed as Pakistani despite presenting his British passport.
His family released a statement last night saying: “We are praying for the day we can return to Marcus.”
‘We have asked Foreign Secretary David Lammy for help to ensure his right is respected and ask His Highness Sheikh Mohammed Al Maktoum, Ruler of Dubai, to please let our son return home.
“This ordeal has caused us terrible emotional and financial strain and every day is an emotional battle.”
Setting up a GoFundMe page to raise money for legal fees to bring him home, Marcus’ family added: “What was going to be a happy time has turned into a nightmare for him, our family and our friends.”
‘This happened as a result of someone trying to misuse UAE law against them.
“He is accused of a crime that could carry a prison sentence of up to 20 years.
“He is only 18 years old, he is very scared and his mental health is starting to deteriorate.”
Dubai has recently reformed its laws on sex outside of marriage for tourists, but maintains a strict Islamic legal system and has no firm rule on the age of consent.
Marcus and his family ask Foreign Secretary David Lammy to help the teenager
But under local law, a child is defined as a person under 18 years of age. The girl was just a few months shy of her 18th birthday when the couple met in August.
Marcus previously told how the couple had planned to see each other when they got home.
Marcus said: ‘We had a wonderful time together. We liked each other a lot, but she was reserved with her family because they were strict.
‘My parents knew about our relationship but she couldn’t tell them about hers. He had to meet me without telling them it was to see a boy.
‘When she left, I couldn’t wait to see her again when I got home. Then suddenly the police knocked on the door of our hotel.
“They said they were going to take me in for questioning but they didn’t tell me why. I couldn’t imagine why. “I was scared and my parents were terrified.”
The couple had tried to spend as much time together as possible while abroad and hoped to get to know each other better when they returned to London.
The girl left Dubai first and they had agreed to meet.
“He (Marcus) was told that his girlfriend’s mother had reported the relationship to the Dubai authorities after his return to London,” said Ms Stirling, a human rights campaigner.
His organization offers confidential legal help to people facing civil and criminal legal problems in the United Arab Emirates.
“She is clearly a very strict mother to involve the police in a private matter that is completely legal in the country where she lives and where her children grew up,” Mrs Stirling warned.
“Perhaps he was not aware that he triggered the possibility of a young man who was only 18 years old spending the next 20 years in prison.”
Marcus and his family are now asking the British Foreign Secretary for help.
“Dubai Police have the power to drop the case against Marcus and let him return home,” Ms Stirling said.
“This is not something we want to do to young people and we ask MP David Lammy to pass this message on to his counterparts in the UAE.”
The United Arab Emirates has recently implemented changes allowing tourists to have sex outside of marriage, as well as looser regulations on alcohol and vaping.
A British couple was jailed for kissing in public in 2010 and eventually deported for violating the country’s decency laws.
Despite the changes to the law, Ms Stirling warns that parents will soon “be afraid to take their older teenage children on holiday with them, where they could end up losing their lives for behavior that is completely legal in their own countries.” “.
The Dubai Public Prosecutor’s Office said in a statement shared with MailOnline: “The case was initiated in response to a complaint made by the mother of a 17-year-old British girl.
‘The girl, a tourist visiting Dubai, does not reside in the United Arab Emirates. Under UAE law, the girl is legally classified as a minor and, in accordance with internationally recognized procedures, her mother, who is her legal guardian, filed the complaint.
‘Dubai’s legal system is committed to protecting the rights of all people and ensuring fair judicial procedures.
‘The next court hearing has been scheduled for December 9 at the request of the accused’s lawyer, contrary to what was reported by some media.
“The media should avoid speculation and allow the judiciary to fulfill its responsibilities within its clear legal framework.”