The British teenager facing 20 years in prison in Dubai for a holiday romance with a 17-year-old girl has been deliberately victimized by local police, who have identified his age as a year older than he actually is – and said his nationality is Pakistani is so that he is treated more harshly, it is dramatically claimed.
Marcus Fakana, 18, a construction apprentice from Tottenham, is currently locked up in a cell in the UAE awaiting sentence for underage sex with a 17-year-old girl from London who was on holiday with her parents – something that would not have been criminal in Great Britain.
Now the campaign group that first revealed his arrest has claimed that Marcus was deliberately targeted by Emirati police to ensure he receives the maximum possible sentence.
Their claim is based on two discrepancies in the prosecution case notes that they believe were deliberately made: Marcus’s age and nationality were both recorded incorrectly.
Instead of being 18 years old, Marcus was listed as one year older, which would mean he could be referred to a higher court in Dubai, which has the power to impose a more severe sentence – similar to a referral to a Crown Court rather than to a magistrates in Britain.
And his nationality was described as Pakistani rather than British, which campaigners say in practice means he faces a harsher sentence.
The pressure group held in Dubai said Marcus, who is due to appear in court on December 9, believes both mistakes – which have now been corrected – were made deliberately by local police.
Radha Stirling, founder of Detained in Dubai, which is supporting the Fakana family, said: ‘Marcus told them his age but they noted he was 19 years old. Instead of a small gap between the two, it looks much worse if there is a two-year gap.
Campaigners say British teenager Marcus Fakana, 18, who faces 20 years in prison in Dubai for a holiday romance with a 17-year-old girl, was deliberately targeted by local police
“That has now been corrected and the court will see that.”
She continued: ‘The UAE is racist and it was deliberate that his nationality was labeled Pakistani, but in court this would look much worse than British.’
Marcus’ family have raised almost £27,000 through a GoFundMe account to pay for legal costs and his accommodation.
Ms Sterling said Marcus was ‘too scared’ to go out as he stayed alone in Dubai in a rented flat.
His family posted £2,600 bail so he did not spend time in jail. Marcus was initially held in Dubai’s ‘notorious’ Al Barsha police station for several days.
Ms Stirling said: ‘I hope that if he goes to trial he will be fined and then deported, but his lawyer is not so confident about that.’
The teenager had been in Dubai with his parents for a family reunion and to celebrate his father’s birthday when he befriended the girl.
Under UAE law, only tourists over the age of 18 can legally sleep together.
Marcus pictured with his family, who have raised £27,000 to help cover his legal costs
Although the relationship would have been legal in Britain, a 17-year-old is defined as a child under Dubai law. The girl has now turned 18 years old
The holiday romance – which saw both teens stay in hotels with their parents – lasted ten days.
Since returning to Britain, the girl, who has not yet been identified, has turned 18.
The girl’s ‘strict’ mother contacted police in Dubai upon her return after finding messages and photos from Marcus on her phone.
The police investigation found that the sex between the pair was consensual after investigating all messages the pair had exchanged during their time together.
They also found CCTV footage from hotels in Dubai showing the couple together.
When the teen was first arrested, his age was listed on the charges as 19 years old, meaning the gap with the girl was two years and not a few months.
His nationality was also noted as Pakistani despite showing his British passport.
He left school this summer and is in an internship program to work in the construction industry.
It was upon the teen’s first arrest that Marcus’ age was noted on the indictment as 19 years old, meaning the gap with the girl was two years, not a few months. His nationality was also noted as Pakistani despite showing his British passport
His family released a statement late last night saying, “We pray for the day we can return with Marcus.”
“We have sought the assistance of Foreign Minister David Lammy to ensure his right to be respected and we ask HH Sheikh Mohammed Al Maktoum, the Ruler of Dubai, to please allow our boy to come home.
“This ordeal has caused us tremendous emotional and financial strain and every day is an emotional struggle.”
Setting up a GoFundMe page to raise money for legal costs to bring him home, Marcus’ family added: ‘What was meant to be a happy time has become a nightmare for him, our family and our friends. become a nightmare.
“This happened as a result of someone trying to abuse UAE law against him.
“He is charged with a crime that could carry a prison sentence of up to 20 years.
“He’s only 18 years old, very scared, and his mental health is starting to deteriorate.”
Dubai only recently reformed its laws on sex outside marriage for tourists, but maintains a strict Islamic legal system and has no hard ruling on the age of consent.
Marcus and his family are calling on Foreign Secretary David Lammy to help the teenager
But according to local law, a child is defined as a person under the age of 18. The girl was just months away from turning 18 when the couple met in August.
Marcus previously shared how the couple planned to see each other when they got home.
Marcus said: ‘We had a great time together. We really loved each other, but she was secretive with her family because they were strict.
‘My parents knew about our relationship, but she couldn’t tell hers. She had to meet me without telling me it was a boy.
‘When she left, I couldn’t wait to see her when I got home. Then suddenly the police knocked on the door of our hotel.
‘They said they were taking me for questioning, but wouldn’t tell me why. I couldn’t imagine what for. I was scared and my parents were terrified.”
The pair had tried to spend as much time together abroad as possible, and hoped to get to know each other better when they returned to London.
The girl left Dubai first and they agreed to meet.
“He (Marcus) was told that his girlfriend’s mother had reported the relationship to authorities in Dubai after arriving back in London,” said Ms Stirling, a human rights lawyer.
Her organization provides confidential legal assistance to people facing civil and criminal legal issues in the UAE.
“This is clearly a very strict mother to involve the police in a private matter that is perfectly legal in the country where she lives and where the children grew up,” Ms Stirling warned.
“Perhaps she was unaware that she was fueling the possibility that a young man as young as 18 would spend the next 20 years in prison.”
Marcus and his family are now appealing to the British Foreign Secretary to help him.
“Dubai police have the power to drop the case against Marcus and allow him to come home,” Stirling said.
“This is not something we want to do to young people and we ask David Lammy, Member of Parliament, to convey this message to his colleagues in the UAE.”
The UAE only recently introduced changes allowing tourists to have sex outside of marriage, as well as looser rules on alcohol and vaping.
A British couple was jailed in 2010 for kissing in public, and eventually deported for violating the country’s decency laws.
Despite changes in the law, Stirling warns that parents will soon be ‘afraid to take their older teenagers on holiday, where they could end up losing their lives for behavior that is perfectly legal in their own country’.
Dubai Public Prosecution said in a statement shared with MailOnline: ‘The case was initiated following a complaint filed by the mother of a 17-year-old British girl.
“The girl, a tourist visiting Dubai, is not a resident of the UAE. Under UAE law, the girl is legally classified as a minor, and in accordance with internationally recognized procedures, her mother, who is the legal guardian, filed the complaint.
“Dubai’s legal system is committed to protecting the rights of all individuals and ensuring impartial judicial proceedings.
‘The next hearing is scheduled for December 9 at the request of the suspect’s legal advisor, contrary to what has been reported by some media.
“The media must avoid speculation and enable the judiciary to carry out its responsibilities within its clear legal framework.”