What if Noor Zuhair misses his trial? legal expert explains
Shafaq News/ On Monday, legal expert Ali Al-Tamimi confirmed that if Noor Zuhair, accused in the "Theft of the Century" case, continues to be absent without a valid excuse, his bail should be forfeited and a warrant for his arrest issued.
Noor Zuhair, the primary suspect in the Iraq tax embezzlement case, also known as the "Theft of the Century," is scheduled to appear at the Central Criminal Court in Baghdad on the 27th of this month.
Recently, the suspect appeared in a TV interview defending himself and demanding a public trial, threatening to "reveal names and details of corruption cases."
In a legal opinion titled "What Next After Noor Zuhair 's Trial Delay?", Al-Tamimi explained that “Article 162 of the Iraqi Criminal Procedure Code allows for the postponement of hearings for specific reasons and periods, with all parties being notified again.”
Al-Tamimi further stated, "If the accused fails to appear at future sessions and the court is not convinced by the excuses provided, the guarantor must pay the full or partial bail amount,” pointing out, “If the accused is not presented and the bail is not paid, the criminal court can annul the bail, imprison the guarantor for up to six months, and issue an arrest warrant for the fugitive, as stated in Article 119/B of the Criminal Procedure Code."
He added, "If this situation occurs, the trial will shift from an in-person trial to an in-absentia trial, as per Articles 143 and 243 of the Criminal Procedure Code, and the court will issue a verdict in absentia.”
“If the accused does not surrender within six months, the trial will remain in absentia; however, if he surrenders within this period, the trial will restart in person."
Moreover, the legal expert noted, “The charge against Zuhair, Article 444/11 of the Penal Code, involves embezzlement of state funds with a penalty of up to seven years in prison, which can be increased to ten years.”
“Initially, Zuhair 's travel could have been restricted and his assets seized under Article 121 of the Criminal Procedure Code to prevent his escape from the country.”
On Friday, Lebanese media reported that Iraqi businessman Noor Zuhair was involved in a serious car crash in the Hadath area in the Baabda District of the Mount Lebanon Governorate, and was subsequently hospitalized.
A day later, a Lebanese security source told Shafaq News Agency that Zuhair left Lebanon on Friday after a brief three-day stay, confirming his departure to the United Arab Emirates. The source did not comment on reports suggesting he was involved in a car accident while in Lebanon.
Meanwhile, sources at Saint Therese Hospital, where he was supposed to be transported, declined to confirm or deny whether Zuhair had been admitted, citing medical confidentiality.
In 2023, the Iraqi judiciary lifted a seizure order on a company owned by Noor Zuhair, a key figure in one of Iraq's largest corruption scandals. Dubbed the "Theft of the Century," this scandal involves the embezzlement of 3.7 trillion Iraqi dinars (approximately $2.5 billion) from tax security deposits, discovered just months before the previous government, led by Prime Minister Mustafa Al-Kadhimi, left office.
The massive fraud triggered a swift response from Iraq's Integrity Commission and judiciary, resulting in the arrest of several individuals, including Zuhair. Authorities also issued orders to confiscate the assets of those involved, extending to their families.
Despite these actions, the case remains unresolved, with ongoing investigations aimed at tracing all the stolen funds, some of which are believed to have been smuggled out of Iraq.
Early last year, PM Mohammed Shia Al-Sudani revealed that Zuhair shared parts of the stolen funds with influential figures, including politicians and media personalities. This indication raises the possibility that the total amount embezzled may exceed the initial estimates.
