UAE | Crime
Rescue official held partly responsible for Emirati's death
A marine rescue lieutenant has been found partially responsible for his colleague's accidental death after the latter drowned when a 3-metre wave hit their boat causing it to sink in bad weather.
- By Bassam Za'za', Senior Reporter
- Published: 00:02 July 7, 2008
Dubai: A marine rescue lieutenant has been found partially responsible for his colleague's accidental death after the latter drowned when a 3-metre wave hit their boat causing it to sink in bad weather.
The 28-year-old Emirati lieutenant was awarded a month-suspended jail term and Dh1,000 fine for failing to carry out his duties.
The Dubai Court of Misdemeanour considered that the lieutenant, S.S., bears 50 per cent responsibility and ordered him to pay Dh100,000 to the family of his Emirati colleague who was also held partially responsible for his own drowning.
Meanwhile, the court acquitted 35-year-old Egyptian first officer (who was operating the boat), M.R., of the victim's death for uncorroborated evidence.
Saeed Al Ghailani, of Saeed Al Ghailani Advocates and Legal Consultants who defended the first officer, M.R., said: "My client exerted a tremendous effort to save the victim from drowning... he kept him afloat besides him in the waters for nearly 90 minutes. M.R. repeatedly advised the victim not to exhaust himself, but the deceased was petrified because he was inexperienced and exhausted himself by moving hysterically. My client swam a few metres away to search for something for the victim to float on, but God's will prevailed."
Sudden climate changes, delay in search and rescue operation and the victim's own fault led to his drowning and death, argued Al Ghailani.
A Saudi first officer for Dubai Civil Defence's marine rescue unit, who fell from the boat before a police watercraft saved him, said "a 3-metre high wave hit their boat" and "the Emirati victim, A.K., was not wearing a life jacket".
The Public Prosecution charged S.S. and M.R. with causing A.K.'s accidental death after failing to carry out their duties properly.
The court referred the civil compensation claim of Dh20,100 in temporary compensation of the victim's father to the Civil Court.
The father, who is a corporal in Dubai police's rescue unit, testified: "Before any boat sails, its operators and supervisors should check on its safety measures and aptitude to sail especially in bad weather. They should also check with the meteorological office before sailing. Passengers should always wear safety jackets until they return to land. Considering my 27 years' of experience in rescue, my son drowned because he wasn't experienced enough to save himself. He also had not obtained any certificate which qualifies him to work at sea."
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