The Abu Dhabi Criminal Court issued a primary ruling on Thursday assigning the UAE’s Higher Committee for Medical Liability to give its expert opinion on the charges addressed to the South African doctor, Cyril Karabus.
The doctor has been accused of committing a medical error that led to the death of a girl and of falsifying a prescription to hide his mistake earlier in 2002 while he was in the UAE as a visiting doctor. The court explained in its ruling that the case is not ready for adjudication as it calls for technical opinion to resolve and clarify some of the issues and the points raised, and therefore decided to assign the Higher Committee for Medical Liability to give its opinion whether or not the accused committed a medical error while the victim was receiving treatment under his supervision.
The court also asked the committee to give its opinion whether the error, provided it is established, was the direct cause of the death or there were other reasons which hastened the child’s death.
At a hearing, the court also decided to release him on bail on security of his passport or the passport of a guarantor plus a bail amount of Dh100,000.
The bail amount represents the value of the blood-money the court may order him to pay if found guilty. The blood-money in the UAE was Dh100,000 at the time of the incident, though it was raised later to the tune of Dh200,000.
The court also scheduled the next hearing for November 20 when the claimant of the civil damages will appear along with his attorney.
The court explained in its ruling that it considered with seriousness, the arguments of the accused during the cross examination, especially his statement that the percentage of platelets of the girl had risen from 66pc to 73pc on the day she suffered a brain hemorrhage, which confirms that she had received brood transfusion. This is in addition to what he argued that the victim was suffering from fever and a blockage in a main arteries, which he said could be the real cause of death. His defence statement that no autopsy was performed on the victim’s body also led the court to seek the expert opinion of a competent medical committee, the ruling cited.
Meanwhile, the Abu Dhabi Judiciary said in a statement that the Court Secretariat has prepared all the papers and documents for the release of accused professor. As his family was not able to deposit immediately the bail amount set by the court, the release may be delayed until next Sunday, especially because Thursday is the last working day of the week in the UAE.
Every procedure for the release of the professor is complete and he will be released the moment the bail amount is deposited, added the statement.