“Dubai Appeal” convicted him, and “discrimination” upheld the verdict
15-year prison sentence for an engineer who caused the death of his maid
The Court of Appeal rejected the appeal of the Public Prosecution Office.
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Lawyer Muhammad Al-Najjar: “The accused confessed to the assault that led to death, while he denied the two felonies of unlawful detention accompanied by the use of force.”
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The Dubai Court of Appeal sentenced an "engineer" of foreign nationality to 15 years in prison, who was convicted of assaulting his maid to death after being detained and tortured. The Court of Cassation upheld the ruling.
In detail, the case papers and the Public Prosecution’s investigations stated that the maid (the victim) was working for the accused in October of 2019, and after nearly five months he began to repeatedly and violently assault her, and persisted in his violent behavior to an inhumane degree until the maid completely collapsed and injured her Wasting, he carried her to the hospital, where she breathed her last.
The Public Prosecution directed the accused to commit felonies of detaining the victim and depriving her of her freedom by using force and torturing her physically and psychologically for a period of approximately six months until it led to her death.
After the case was considered by the Court of First Instance, it ended last September in convicting the accused and sentencing him to life imprisonment, and then deporting him from the state.
For its part, the Public Prosecution was not satisfied with the verdict and appealed against it, demanding that the death penalty be imposed on the accused as a rebuke to others, and the accused also appealed against the verdict on his part.
The legal representative of the accused, Lawyer Muhammad Al-Najjar, pleaded before the Court of Appeal that the crime of detention was absent, pointing out that the victim was working as a maid in the house and her presence there is normal, and she stayed in the apartment during the period of the incident like the rest of the family under the conditions of the Corona pandemic and adherence to staying in Homes, according to the testimony of the accused's wife.
Al-Najjar stated that his client confessed to committing the crime of assault leading to death, while he denied the two felonies of unlawful detention accompanied by the use of force, torture and coercive indecent assault, pointing out that the prosecution took the confession of the accused in his condemnation, and ignored the confessions that benefit him.
He pointed out that the victim was going out to throw garbage and that she transferred her last salary a month before her death to her family, and this indicates that she was not being held, but could have called for help or made noise if she was being tortured.
He stated that the case papers were devoid of any definitive evidence that the victim was forcibly detained, in addition to the fact that the accused was staying with his family, and it is not imaginable that he would perform all these practices in front of his wife and two sons, and there are no witnesses to the incidents of assault, beating and detention.
He explained that his client admitted that his intention had receded to discipline the victim, and he was not aware that she had scurvy, which caused her to be wasted, weak and lazy at work, and she did not declare her illness because she often wanted to keep her work.
He also pleaded for the pardon of the blood's parents for their right to retribution, after the legal blood money was paid by the accused's family, demanding the innocence of his client of charges of detention, torture and forced indecent assault.
For its part, the court confirmed that it was satisfied with the forensic report, which ended with the repeated assault of the victim, using several and violent methods, and that she did not suffer from diseases prior to the suffering she suffered, noting that the report is consistent with the defendant's confession of his repeated assault.
The court considered that the accused’s appeal did not bring anything new that would undermine the integrity of the first-degree verdict, and the court also rejected the appeal of the Public Prosecution, noting that it considers that the sentence imposed is commensurate with the circumstances of the case, and decided to amend the sentence from life imprisonment to 15 years imprisonment due to the conditions of the accused and the waiver of the victim’s heirs The Court of Cassation upheld the ruling, making it final.
The blood guardians waived retribution after the legal blood money was paid by the accused’s family.
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