Abu Dhabi Court of Cassation has rejected the appeal of a horse trainer accused of negligence in training a child, resulting in a head injury as a result of the horse's wildness. The court upheld the appeal judgment and obliged the appellant to pay the due fee.
The details of the case are due to the defendant causing his mistake in injuring the victim.This was due to his breach of the requirements of his job by leaving the victim on horses alone, which led to her fall, causing the injuries indicated in the initial medical report, and the prosecution requested that he be punished, according to To the provisions of Islamic law and articles of the Federal Penal Code.
The lawsuit showed that the victim was young, noticed that the horse was not moving, and in an abnormal state, and touched him, he did not move, so she told the instructor, but the latter cried out (why you are scared), and the horse showed strange signs with his ears. The trainer told her that the horse was in anger, and then went to other trainees, and left, and asked the assistant to move the horse, where his last fear with the stick, and then hit him, resulting in the horse ran, and dropped the child on her head, while the trainer was not present, The resulting injuries described in the medical report.
The Court of First Instance had sentenced the appellant to six months' imprisonment with a three-year suspension of the execution of the legal fees, and in the civil lawsuit to accept the form, and in the matter to compel the accused to pay the defendant (the victim) an amount of 51 thousand dirhams temporary compensation, and postponement of the decision In the fees and expenses of the lawsuit until the final verdict was issued, the appellant appealed, and the Court of Appeal ruled in his presence to accept the appeal in form, and in the matter to reject it, and to uphold the appealed judgment in all its requirements, and to bind him to judicial fees, and he appealed against him by cassation.
The appellant mourned the contested verdict, in violation of the fixed papers, because the Court of Appeal did not ask him for his name, nationality, profession and country and the charge against him, nor did he give him the opportunity to defend himself before her, to clarify the circumstances and circumstances of the lawsuit before her, pointing out that the horses belong to the club headquarters of the incident, not The victim's mother signed an agreement recognizing full responsibility in the event of injury to her daughter if she falls off the horse.
He pointed out in his appeal that the cause of the fall of the child (the victim), was because of imbalance, not the mistake of her trainer, and that she was wearing safety means, in addition to the lack of elements of crime against him, pointing to the contradiction of the words (victim) and her mother, and the latter did not see The incident, in addition to the malicious accusation and fabrication and lax reporting, and the absence of the corner of error, and the relationship of causality against him, which flawed the judgment and requires revocation.
While the Court of Cassation's ruling clarified that the defendant appeared before the Court of Appeal with his lawyer, and his lawyer filed a defense memorandum on his behalf, pointing out that it is due to ask the accused about his charges only to the court of first instance, but on appeal, the law did not answer this question, Consequently, the appellant's awareness in this regard is misplaced.
The court affirmed that the contested and complementary verdict after the fact of the case and cited its evidence in the right of appeal is well-founded. It concluded in a sound logic to the corner of error, which was attributed to the appellant and resulted in the incident, noting that the appellant's statement that he was the victim's trainer. He holds the responsibility of supervision, control and guidance, especially since the victim fell from the horse during the training period, and the court ruled to reject the appeal and oblige the appellant the due fee and refund the amount of insurance.