Ontario man sentenced to LIFE in Dubai jail over meds

Two photos of Kevin O'Rourke, detained in dubai — Maurice Kevin O'Rourke has been sentenced to life behind Dubai bars

Shocking life sentence for 64 year old Ontario man, from Mississauga, for his own doctor recommended medicine. Canadian carpenter Maurice Kevin O’Rourke (“Kevin”), was transiting through Dubai on his way to South Africa to meet colleagues when he was charged for carrying his own medicine essential to alleviate his Addison’s disease symptoms.

Kevin, who suffers from the rare and life-threatening Addison’s disease, uses CBD oil and cannabis as recommended by his Canadian doctor to manage his chronic pain. It is completely legal in Canada, even without a prescription.

While traveling from Canada to Africa, Kevin didn't think his medical use CBD would be an issue. However, on July 3rd, he was stopped, searched, and detained at Dubai International Airport. During the search, authorities discovered the CBD oil, CBD, and cannabis that Kevin was carrying for personal use.

The Arrest

Pamela O’Rourke, his wife of 42 years explained, “Kevin suffers from Addison’s disease. He’s in chronic pain and was prescribed Cannabis and CBD oil for pain management and sleep. He was arrested and taken to Al Awir prison where he has been since July.

In happier times: Kevin with wife of 42 years, Pamela O'Rourke

“When he was arrested, local doctors had a hard time getting the medications, which impacted his immune system. He contracted an MRSA infection, had 2 emergency surgeries, spent 40 days in hospital and has subsequently been fighting an infection. He has an open wound in prison, in 3 months he went from being strong and healthy to being in a wheelchair. It’s been incredibly distressing and life threatening for him.”

Kevin's debilitating diseases means he needs ongoing care that Dubai jails just don't provide.

The Sentence

“On the 31st of October, Kevin was sentenced to life in prison. Our world fell apart. Our daughter Maegan and I are shattered. We’re in disbelief. Kevin accepts that he shouldn’t have travelled while on medication but he doesn’t deserve to spend the rest of his life in prison. It was an innocent mistake.”

Radha Stirling, Crisis Manager and CEO of human rights organisation Detained in Dubai who is helping the family, has seen numerous arrests over prescription medication, including pain medication like Codeine.

“There is a lot of confusion over whether certain medication is allowed in Dubai. Staff at the UAE Embassy have even given contradictory advice to visitors and enforcement of the laws is arbitrary. Many visitors with CBD have been denied entry/deported while others have had their controlled substances confiscated and been allowed to continue their holiday. It can be very confusing and a lot of tourists make the mistake of believing, as Kevin did, that their prescription is valid or medication allowed everywhere. Countries need to have some understanding and compassion for people who genuinely intended no wrong.

“Unfortunately, Dubai police and prosecutors are incentivised to prosecute drug cases, even when we are talking about prescription meds for personal use.

“It is unfathomable that Kevin was sentenced to life in prison and a 500,000 AED fine (around $190,000 CAD). The reason for the harsh sentence is that the prosecution combined the weights of each medicine to ensure it exceeded 100g and that he would get the harshest sentence. He brought 118g in total, consisting of cannabis, cbd and cbd oil. Had they charged the amounts individually, he would not have been handed such a shocking sentence.

“Even without a custodial sentence, $190,000 is a huge amount that most people cannot afford. If they can’t pay the fine, they won’t be allowed to leave”.

Appeal

Kevin is appealing the sentence and has been given a trial date of Christmas day this year. If the original judgement is upheld, Kevin will die in Dubai jail. “Dubai’s prison system will not provide adequate medical care and he will be deprived of necessary medication and care”, adds Stirling. “The suffering of prisoners is not of concern to authorities in the UAE. British grandfather Albert Douglas has first hand experience of being denied heart medication and denied surgery for broken bones he suffered after being beaten by prison guards.

“Kevin will not survive in their care. He is too fragile and at risk of infection and life threatening complications as a result of his disease. We urge the Canadian government and particularly his MP, Peter Fonseca, to work with their counterparts in the UAE to help Kevin home. The last thing either country wants is a death in custody.

“We have seen rapists and murderers sentenced to just a few years in jail. How can the courts sentence an older man to life in prison for possessing medication for personal use. This is a man who has made a genuine mistake. Dubai needs to be sensible here. He was just in transit and did not intentionally put himself in harm's way. He is ill and in need of ongoing and constant medical care. From a human rights perspective, we hope the government of Dubai will understand and allow him to come home”.

Family Impact

The impact on the O’Rourke family has been devastating. Their health, family, business and finances have been destroyed. “There need to be more warnings”, says Ms Stirling. “If the airlines were required to provide travel advice to customers at the time of booking the flight or even at the gate, many arrests would be prevented. Had Kevin realised, he simply wouldn’t have flown. Even if we argue that ignorance is no excuse, why not do everything we can to educate travellers? Dubai has become a leading international transit hub, is marketed as a modern city and it’s foreseeable that people can easily be confused by the laws which are frequently changing. Most people would have no idea that their social media posts violate the law, or that cannabis residue stays in your body for up to two months and possessing it in your bloodstream in Dubai is a crime. Visitors have been arrested for codeine and all sorts of medications.

Canadian Government Intervention

“We hope the Canadian government is able to help Kevin as they did André Gauthier and hope the government of Dubai shows some mercy to his family.

“We have written to Peter Fonseca, MP and hope he can work with Mélanie Joly PC MP and Justin Trudeau, PM to help the O’Rourke family before it’s too late.”

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