The Federal Supreme Court overturned a ruling that acquitted a project manager and safety officer of a company for killing a worker wrongly, referring the case to the Court of Appeal for further consideration.The court confirmed in the rationale that the Labor Law obliges employers to provide appropriate preventive measures to protect workers from the risks of injuries.
The case papers indicate that the victim was engaged in a hazardous work, a new inexperienced worker, who was standing on the eighth floor to move the bricks, during which the bricks fell on him, which led to his fall from the opening of Al-Munawar and his death. They were not surrounded by roadblocks and there were no warning signs.
The Public Prosecutor referred the defendants (the project manager and the safety officer) to trial, accused of causing their mistake in the death of the victim, as a result of breaching their job requirements by failing to provide safety requirements, or placing warning signs near the fallen Al-Munawar slot. The victim ones.
The Federal Court of First Instance acquitted the defendants, which was assigned to them, and upheld by the Court of Appeal. The Public Prosecution did not accept this verdict and challenged it before the Federal Supreme Court.
The prosecution stated that «the ruling of innocence erred in the application of the law, as the constant of the papers and the inspection report and the photographic report of the scene of the absence of guidance plates where the victim works at the construction site, and that the opening of the skylight is not fenced, and did not take the necessary measures to prevent the fall of workers There was no evidence that the victim was provided with the necessary belts to prevent him from falling or to be informed of the danger of the work he performed beside the unlocked Al-Munawar hole, which is contrary to the provisions of the Labor Law, which obliges the employer to take the necessary precautions to protect workers. It acquitted the defendants spent without displays of evidence against which it is charged, it will be defective as should be annulled. »
The Federal Supreme Court upheld the appeal, explaining that «the decision in the court of this court, that although the understanding of the reality in the lawsuit and the assessment of evidence from the authority of the court of first instance, the Court of Cassation may intervene if the grounds on which the contested verdict involves a violation of the law or It is also decided that although the assessment of the evidence of the indictment in the lawsuit and the conclusion of the existence of a positive error of the responsibility of the perpetrator and the availability of a causal relationship between the act and the result of an authority Court of first instance, A that is conditional to be drawn based on palatable admissible evidence, its origin fixed securities. »
She stressed that the law obliges employers to provide the appropriate means of protection to protect workers from the dangers of injuries, and other dangers resulting from the use of machinery and other tools of work, noting that the verdict has ruled to acquit the defendants on the basis of saying that the deceased was wearing security and safety tools, And that the fall was due to the fall of the brick, which was not well paved, and that the opening of the elevator was not the main reason for the fall, without discussing the evidence evidenced by the prosecution or contained in the statements of witnesses, and did not subject it to his discretion in the proof and did not give the will or In response, not all said Matte in it and then be defective by violating the law and error in its application and inadequate in causing causation to be overturned with the referral.