UAE: CAMEL HERDER ESCAPES DEATH SENTENCE

28 February 2014 :

A Sudanese camel herder who fatally knifed his cousin was sentenced in the UAE to one year in jail as a disciplinary measure following a pardon from the heirs.
The herdsman, SA (24), stabbed his relative called MAM at a Dubai camel market during a brawl over the sale of two camels at their workplace in Al Marmum area at around 8:30am on Dec 9, 2011, according to Al Hebab Police records. They had a dispute over the two camels.
During a court hearing on Feb.1, 2012, he argued that he stabbed him in self-defence. According to the Dubai Criminal Court’s ruling pronounced by Judge Maher Salama Al Mahdi, SA survived a possible death or life in jail sentence.
The same court had sentenced him to ten years, then both the Dubai Appeals and Cassation Courts issued a 15-year-jail term against him before the hearing began afresh.
Prosecutors had urged the jury to sentence him to death. However, the judge, Al Mahdi, revealed that the reason behind the reduced jail term was because “the heirs of MAM waived their rights.”
An Omani police sergeant said that following the stab incident, SA did not run away but rather tried to follow his colleagues who had taken MAM to the main road while seeking help.
During the final hearing on Feb.12 this year, a camel herder called Othman Al Siddiq (40) stood before the jury in the presence of the deceased’s relatives.
“The deceased was my cousin and the suspect is also my relative. Since three months, the heirs gave me the Power of Attorney to represent them in waiving their rights.”
Judge Maher Salama asked him whether SA should pay the blood money to the heirs. Al Siddiq replied: “No, we have forgiven him and thus we do not want him to pay the blood money.”
SA’s lawyer, Saeed Al Ghailani, submitted a defence memo stressing the pardon. He requested the jury to implement the provisions of pardoning as stated in the Penal Code and to exercise the utmost mercy.
 

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