After the conviction was overturned by the Court of Cassation
Dubai Appeal acquits an employee of the accusation of causing the death of his girlfriend
Lawyer Badr Abdullah Khamis: "The victim was alive when the fire broke out and the accused tried to save her."
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The Dubai Court of Appeal acquitted a Gulf employee of the accusation of wrongly causing the death of his girlfriend (African), after the Court of Cassation overturned a ruling of the Criminal Court, and the Court of Appeal confirmed it, to imprison the employee for one year, suspended for three years, and a fine of 5000 dirhams. , in the incident that occurred when the woman was surrounded by a fire, which broke out after glowing coal particles flew and settled on 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-Tai area, pointing out that at about 11:30 in the evening, he asked one of the workers to prepare coal for smoking hookah, and put it in the container designated for that in front of The Majlis room, in which he was sitting with his girlfriend, where we smoked a hookah, until he noticed that there was yellow lighting outside the Majlis, and when he opened the door, he saw some objects burning in front of the door, so he shouted at her 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 appealed to the workers, and asked them to operate the machine that draws water 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, pointing out that he put a blanket on his body, trying to break through the flames to save it, but he was unable to do so, due to the severity of the fire
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, inhaled a quantity of smoke and gases, and then was exposed to intense heat due to the fire, and there is no evidence that she was subjected to a criminal act before her death.
For his part, the defense attorney for the accused, lawyer at the Global Center, 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 to the absence of the elements of the crime against the accused, and that it is settled by the provisions of discrimination to hold the accused accountable for his criminal act, Unless external factors intervene, the causation link is severed.
The Court of First Instance sentenced him to one year in prison, suspended for only three years. The defense attorney for the accused appealed to the Court of Appeal, but it upheld the ruling, so he resorted to the Court of Cassation and appealed the ruling, claiming that there was an error in the application of the law, shortcomings in causation, and corruption in the court. Inference, and included vague phrases, and did not respond to the defense regarding the interruption of the causal link, and the absence of error on the part of the accused, in light of the ignition of the fire due to a compulsive reason outside everyone’s will, 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 to him, and this coincided with the statements of witnesses and technical reports, so the Court of Cassation overturned the ruling, because it neglected the defense of the accused by the absence of a causal link in the incident, and also neglected the position of the victim and her behavior at the start of the fire, which is a fundamental defense, whose proof or denial results in determining his responsibility The case was then referred again to the Court of Appeal, which acquitted the accused.
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