A 64-year-old medical marijuana patient from Mississauga, Ontario is facing a life sentence in a Dubai prison. According to a report from Detained in Dubai, a human rights organization with UAE civil and criminal justice specialists, Canadian carpenter Maurice Kevin O'Rourke was transiting through Dubai when he was charged with transporting medical marijuana.
O'Rourke suffers from the rare and life-threatening Addison's disease. To manage chronic pain, his doctor prescribed CBD oil and cannabis, which are legal in Canada without a prescription.
On July 3, after being searched at Dubai International Airport he was detained, as police found the CBD oil and cannabis in his luggage. His wife, Pamela O'Rourke, said he was taken to Al Awir prison where he has been since July.
Pamela shared that since his arrest, he has developed new health complications affecting his immune system as he has no access to his medicine. "He contracted an MRSA infection, had 2 emergency surgeries, spent 40 days in hospital and has subsequently been fighting an infection," she said. "He has an open wound in prison, in three months he went from being strong and healthy to being in a wheelchair. It's been incredibly distressing and life threatening for him."
On Oct. 31, O'Rourke 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 traveled while on medication but he doesn't deserve to spend the rest of his life in prison. It was an innocent mistake," his wife said.
Radha Stirling, crisis manager and CEO of Detained in Dubai, explained that there is a lot of confusion about what kind of prescription medication is allowed in Dubai. People have been arrested over pain medication like Codeine.
"Staff at the UAE Embassy have even given contradictory advice to visitors and enforcement of the laws is arbitrary," Stirling said. "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."
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O'Rourke Will Not Survive In Prison
Stirling stressed that O'Rourke will not survive in prison, due to the 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."
She added that sometimes murderers end up being held for just a few years, questioning how it is possible that the courts sentence an older man to life in prison for possessing medication for personal use.
"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."
O'Rourke has appealed his sentencing and a trial date is set for Dec. 25.
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