The court obliged her to pay 200,000 dirhams legal blood money to the heirs of the victim
Ras al-Khaimah discrimination rejects the stabbing of a driver who ran over a young man to death
The Court of Cassation in Ras Al Khaimah rejected the appeal of a Gulf woman woman against a ruling that fined her 5,000 dirhams, obligating her to pay 200,000 dirhams legal blood money to the heirs of the victim, and paying the penance for wrongful killing, because she caused the death of a young man by being run over.
In the details, the Ras al-Khaimah Public Prosecution accused the driver of not adhering to traffic signs and traffic rules, by driving her vehicle without attention, which led to a run-over accident and causing the death of the victim.
She explained that the defendant caused her error in the destruction of the vehicle owned by others, by making it unusable.
The Public Prosecution demanded that she be referred to a misdemeanor court, and punished in accordance with the provisions of Islamic Sharia and the amended Federal Penal Code of Traffic and Traffic.
The Misdemeanor Court in Ras Al Khaimah ruled in presence to fine the defendant 5000 dirhams and obligate her to pay 200 thousand dirhams legal blood money to the heirs of the victim, and made her understand that she must pay the expiation for the murder of the mistake, and obligate her to pay the due fee.
The verdict was not accepted by the accused, so she appealed it to the Court of Appeal, which ruled accepting the appeal formally, and in the matter, it was rejected, and the appealed judgment was upheld in what was decided by it and obligated to pay the prescribed fee, so the defendant challenged the ruling in cassation.
In the statement of the Court of Cassation, it was stated that the contestant denounced the appealed ruling that her conviction for crimes of wrongful killing, destruction and failure to adhere to traffic signs was marred by failure in causation, corruption in reasoning, and error in the application of the law, as she adhered to the absence of error on her part and the absence of her responsibility for the accident And that the person responsible for the accident is the victim alone, as he entered the highway through the Emirates Crossing Road in a place not designated for pedestrian crossing, and without making sure that it is free of vehicles, exposing himself and others to danger.
She indicated that what the policeman witnessed in the plan of the accident is a matter of speculation, but the appealed judgment condemned her without taking her defense, or at least that the amount of the legal blood money is reduced by the amount of the victim's contribution to the error, which is defective and deserves to be reversed.
She added that the primary verdict confirming its causes and supplementing the contested judgment between the incident, including the availability of the legal elements of the crimes that he condemned the contestant and stated that it is proven against him, relevant evidence for her.
The court stated that the primary judgment had concluded that the percentage of the error was proven, and the causal link between the error and the actual damage was noted, which is the injury of the victim that caused his life and damage to the vehicle, by the stabbing woman deviating her vehicle and driving it to the right from its lane and leaving to the shoulder of the road and running over the victim, which resulted in He was severely injured in the chest, which led to his death on the spot, and the accident also resulted in the accused's vehicle being severely damaged.
The court held that this is what the judgment concluded, derived from what has a fixed origin in the papers.
She added that the statement that there was a mistake on the part of the victim, was denied by the court and was assured that the incident occurred in the manner obtained by the court of first instance to prove the charges attributed to the appellant with certainty, and that it alone caused its mistake in the occurrence of the accident as decided by the court.
• The Public Prosecution office accused the driver of driving her vehicle without attention, which led to the death of the victim.