Two ordered to pay Dh200,000 in blood money for road death

DUBAI - The Traffic Court sentenced last week two men, an Emirati and a British citizen of Pakistani origin, to pay a fine of Dh20,000 each and pay jointly Dh200,000 in blood money (diya) to the heirs of an accident victim.

By Marie Nammour

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Published: Thu 21 Jul 2011, 12:30 AM

Last updated: Thu 2 Apr 2015, 5:57 AM

The court also ordered that the driving licences of both defendants be suspended for one year, beginning as of the issuance date of the verdict.

The Emirati, 26, who works in the Civil Defence and the 42-year-old Briton, a manager, were accused of causing by mistake the death of a 62-year-old Pakistani woman, harm to the safety of others and damage to others’ property.

The case dates back to May 1 and according to the arraignment sheet of the Traffic Prosecution, the Emirati defendant caused by mistake the death of the Pakistani woman, who was in the car of the other defendant, by not taking the necessary caution and by not keeping a sufficient distance.

The Pakistani defendant was also found guilty for stopping his car in the middle of the road for no reason.

The Pakistani defendant was accompanied by the woman victim (his relative), who was sitting in the passenger seat, and two of her daughters. The two accused were charged with causing by mistake harm to the safety of the two daughters of the deceased.

Defence counsel Hani Hammouda of Eissa Bin Haidar for Advocacy and Legal Consultancy, representing the Emirati defendant, appealed the verdict at the Court of Appeal. In his arguments, Hammouda argued in the Traffic Court that his client did not cause by negligence the death of the woman.

“The Pakistani accused was at fault for stopping his vehicle in the middle of the road for no reason. The Pakistani admitted the accident was all his fault. He said that he thought that the traffic signal had turned red and that was why he stopped. The accident would not have happened if he did not stop in the first place.”

Hammouda added that his client was driving according to the traffic rules and regulations. “He was attentive and driving within the speed limit. He tried to avoid running into the other defendant’s car but could not as the latter stopped suddenly.” He pointed out that the technical report showed that the cause of the accident was the sudden stopping by the Pakistani’s car.

Hammouda also dismissed the charge of causing by mistake harm to the safety of others. “The Emirati defendant did not do any wrong which might have caused the accident. He was not under the influence of liquor or drugs. Besides, he called the police for help.”

He argued that his client could not be found at fault as per Article 342 and 343 of the Federal Penal Code.

According to the clauses of these articles, one shall be jailed and/or fined who causes by mistake the death of others by not complying with the traffic rules, who causes a permanent disability to others due to his negligence while driving or driving under the influence of liquor or narcotics or does not offer help to the accident victims or does not call for help if he can.

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