He failed to save her from a fire that surrounded her as a result of flying coals
"Dubai Discrimination" overturns a ruling condemning an employee for causing the death of his girlfriend
Badr Abdullah Khamis: “The causal link between the error and death was interrupted as a result of the presence of an external factor, which is the wind.”
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The Court of Cassation in Dubai overturned a sentence of imprisonment for a (Gulf) employee for a year, suspended for three years, and a fine of 5,000 dirhams, with an obligation to pay a blood money of 200,000 dirhams, after he was accused of wrongly causing the death of an (African) woman after she was surrounded by a fire. After glowing charcoal particles flew off the sofas in the room she was in.
In detail, the accused said in the investigations of the Public Prosecution that he had a friendship with that woman and took her on the day of the incident to a manor in the Al-Tayy area, pointing out that at about eleven thirty in the evening, he asked one of the workers to prepare charcoal for smoking hookah, and put it in the container designated for that in front of The Majlis room, where he and his girlfriend were sitting, where they smoked shisha.
He indicated that he noticed the presence of yellow lighting outside the council, and when he opened the door, he saw some objects burning in front of the door, so he shouted and asked the woman to get out of the place, after he jumped over the flame, which rose in front of the entrance to the room, but she was afraid of the fire and stayed inside, so he called the workers for help. He asked them to operate the water-suction machine from the well, but it did not work, so they all took the initiative to fill pots and try to put out the fire, but they were unable to do so in light of the spread of the fire in the entire place.
For his part, the defense attorney for the accused, lawyer Badr Abdullah Khamis, argued that the causal link between the error and death was interrupted as a result of the presence of an external factor, which is the wind, pointing out that the elements of the crime against the accused are absent, and that the provisions of discrimination are based on the accountability of the accused for his criminal act unless external factors interfere. causation link.
After examining the case, the Court of First Instance sentenced the accused to one year in prison with a three-year suspended sentence. The defense attorney for the accused appealed to the Court of Appeal, and after examining the case, it upheld the judgment of the first degree, so he resorted to the Court of Cassation and appealed the judgment.
In his appeal, he argued that the judgment was marred by error in the application of the law, shortcomings in causation and corruption in reasoning, and included vague phrases, and did not respond to the defense regarding the interruption of the causal link and the absence of the error on the part of the accused, in light of the ignition of the fire due to a compulsive reason outside the will of everyone, which is the wind, and that The victim was alive when the fire broke out and he tried to get her out of the room and rescue her, but she did not respond.
For its part, the Court of Cassation confirmed in the merits of its ruling rejecting the ruling of the first and second degree, that the ruling omitted the defense of the accused by the absence of a causal link in the incident, as well as the position and behavior of the victim at the start of the fire, which is a fundamental defense whose proof or denial results in determining his responsibility for the incident, and the court ended After examining the appeal, the judgment was overturned and the case was referred again to the Court of Appeal to decide on its merits.
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The forensic report of the General Department of Criminal Evidence in Dubai Police concluded that the victim was alive at the beginning of the fire, and inhaled a large amount of smoke and gases resulting from the fire, and then was exposed to intense heat due to the fire, stressing that there is no evidence that she was exposed. for a criminal act before her death.
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