Woman to sue for UAE adultery jailing

A BRISBANE woman imprisoned for adultery in the United Arab Emirates can sue the commonwealth for not telling her a rape claim could land her in jail.

Alicia Gali, 29, spent eight months in a UAE prison for adultery and drinking without a permit before being pardoned in March 2009.

Ms Gali says she was drugged and raped by three or four male employees at the Le Meridien Al Aqah Beach Resort, Fujairah, where she worked as a salon manager.

She has already been given leave to pursue action against the resort.

Her legal team Maurice Blackburn filed a claim in the Brisbane Supreme Court to seek leave to sue the Australian government for an oversight by a consular official, which was granted today.

Ms Gali alleges she was not told she could be charged with adultery if she made a rape complaint against married men.

Maurice Blackburn principal Michelle James said there were strong grounds for examining the role of the Department of Foreign Affairs and Trade in dealing with Ms Gali's case.

"Over the past few months further information has come to light about what embassy staff did and did not do," she said.

"The embassy's deficient advice led to Ms Gali spending a hellish eight months in prison."

Ms James told reporters in Brisbane today that the failure to provide consular advice directly led to Ms Gali being jailed when she reported her rape to police.

"She should have been told, as a bare minimum, of the local laws that apply in the UAE," she said.

"We say no advice was given at all.

"Alicia was merely told that she should reconsider her need to be in the country at that time, but the embassy was fully aware that Alicia's employer was illegally holding her passport. They didn't assist her to have the passport returned. They didn't advise her to seek local legal representation."

Maurice Blackburn is still pursuing a claim against her employer Le Meridien Al Aqah Beach Resort in Fujairah, which is part of the international Starwood Group of hotels.

In her suit against the resort and its owners, Ms Gali alleges the hotel failed to protect staff against assault and the legal consequences of reporting the assault.

Both cases are going through pre-court procedures, Ms James said.

She also says the resort encouraged workers to drink illegally at its staff bar, despite strict laws and the requirement of drinking permits.

"I thought I would be safe and protected in an international hotel group," she said in a statement in March.

Earlier this year, Starwood Group spokesman Trey Sarten said in a statement the "safety and security of staff is a paramount priority".

"The management of Le Meridien Al Aqah is aware of the unfortunate circumstances that occurred in June 2008 concerning Alicia Gali, a former employee of the hotel."

Comment was being sought from the department.