Dubai's Court of Appeal has rejected Australian businessman Matthew Joyce's application for key witnesses to be recalled in a bid to overturn a corruption conviction.

Joyce was found guilty by the Dubai court in May this year over a controversial property deal in 2007.

Another Australian caught in the scandal, Marcus Lee, was found not guilty, but the Dubai prosecutor immediately appealed the verdict.

Last month Mr Joyce's lawyers applied to the Dubai court for Sunland executive David Brown and Sunland chairman Soheil Abedian to be recalled to allow for a re-examination of their allegations, which had formed the bedrock of the case against Joyce and another Australian businessman, Angus Reed.

Joyce's lawyers argued that because these same allegations of fraud were found to be entirely without merit in a parallel case by Sunland in the Victorian Supreme Court, the pair should return to Dubai.

Now that the Dubai Court has rejected this, the case is closed.

The court will make a final decision on Joyce and Lee's fate on November 3.

Both men have been under house arrest in Dubai for over four years and have spent 10 months in jail.

Joyce's lawyers are pessimistic about his chances of avoiding a 10-year jail term and $25 million fine.

The Dubai court has previously summonsed Mr Brown and Mr Abedian to give evidence for Joyce, however Sunland has repeatedly said that "no Sunland executives have had subpoenas served on them".

Sunland had sought damages from Joyce and Reed, pursuing them in the Victorian Supreme Court for fraud and deceptive conduct over the property deal.

The deal involved the sale of waterfront land in the United Arab Emirates by the Dubai-based firm Joyce worked for to Gold Coast developer The Sunland Group.

Sunland accused Joyce, his colleague Mr Lee, Reed and another man of conspiring to rip the company off over the deal.

But in a decision which blasted Sunland's credibility, Justice Croft found the case had been launched with an ulterior motive which was to recover the passport of Mr Brown, who himself had been under suspicion of bribery by the Dubai authorities.

The judge found that Mr Brown's allegations against Joyce and Reed were "simply implausible" and contradicted sworn statements he had made to the Dubai authorities.

A key document he relied on was a "complete fabrication".

Sunland was ordered to pay Joyce and Reed's legal fees, which .

In a sudden move late last week, in the High Court.

Joyce immediately issued a statement calling on Mr Abedian and Mr Brown to return to Dubai and "undo this monstrous injustice".

"Their case against me is now over," he said.

However the Dubai court had an entirely different view of the credibility of Mr Brown, whose evidence was not able to be cross-examined by Joyce's lawyers.

Joyce and Reed were convicted largely on the testimony of Mr Brown, whom the court described as the "key witness" and "victim".

According to that judgment, Mr Brown had been "deceived" and "deluded" in a conspiracy that led to Sunland paying Reed's company $15 million for the plot of land on the Dubai Waterfront.

"They persisted until they seduced him [David Brown] to buy the land... that had the effect of tricking the victim," the Dubai judge said.

The judge said the "truthfulness" of this was based on "the evidences of David Scott Brown".

In April, Sunland issued a statement to the ASX saying the "Australian civil case is not the same as the Dubai criminal case".

 

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