Dubai: A distraught Australian father, charged with accidentally running over his 18-month-old son while reversing his car, should be dealt with leniently and given a suspended sentence, said the Dubai Traffic Public Prosecution (TPP) in the emirate's Traffic Court of Misdemeanours on Sunday.
"When children fall victims to parents' mistakes, the law must be applied with a humane touch," said Salah Bu Farousha, Chief Traffic Prosecutor, while arguing for a compassionate and sympathetic view of the case, and asked the court to consider the emotional state of the father and the exceptional circumstances of the case to pass a light punishment. The TPP has charged the Australian with accidentally and unintentionally causing the death of his son after reversing his car and running over the toddler at the entrance to his house in Dubai's Umm Suqeim area.
The accident happened around 7.30am when the father, according to prosecution records, walked out of his house without closing the door properly and the toddler followed him out and stood behind his car.
The father reversed without knowing that his son was behind the vehicle, and ran over the boy, injuring him. The toddler succumbed to his critical injuries at Rashid Hospital. The father has pleaded guilty and asked the court for mercy. His lawyer argued that his client had no criminal intention and asked the judge to consider the circumstances around the case.
The Australian is reported to be in a state of emotional shock and Bu Farousha said the TPP allowed him on compassionate grounds to travel to his country for his son's burial.
"We also asked the father to write his own report about the accident. Dubai Police's traffic committee confirmed the father's responsibility.
Blood money
We have asked the court to implement the Federal Law No 9 of 2003 concerning the blood money of Dh200,000, which leaves the decision to the judge's discretion. The Attorney General has directed us to consider the humane elements in such a case," Bu Farousha said.
"In traffic accidents that involve injuries leading to deaths of a defendant's family members, we ask the court to treat him with compassion. Upon the directives of Dubai's Attorney General Essam Eisa Al Humaidan, prosecutors ask a judge to be sympathetic and consider the circumstances of such infrequent accidents and hand out suspended punishments as per the articles of the Federal Penal Law.
"In such cases, we frequently ask the court to implement Articles 83 and 84 of the law, which stipulate that a fine or an imprisonment against suspects convicted in such cases could be suspended for three years. We constantly ask the court to consider the suspect's emotional state and background, in addition to other alleviating factors such as his/her clean record, age and the belief that the crime will not be repeated," Bu Farousha told Gulf News.
The trial continues.
