Three pay Dh5m blood money to avoid death penalty

Marten Youssef, Courts and Justice Reporter

• Last Updated: November 16. 2009 12:31AM UAE / November 15. 2009 8:31PM GMT

ABU DHABI // Three men who burnt a Pakistani driver to death were spared the death penalty yesterday in exchange for a Dh5 million (US$1.35m) settlement for the family of the deceased.

OA and SA, both 19-year-old Emiratis, and their 18-year-old Russian friend, VB, had been charged with first-degree murder, consumption of alcohol and stealing their victim’s wallet.

Yesterday, the three, who were all tried as adults, were convicted of murder at Abu Dhabi Criminal Court and sentenced to three years in jail. They were acquitted on the other two charges. The Russian will be deported after the completion of his sentence.

The court had previously heard that a conflict broke out between the two brothers and the Pakistani man, 35, who worked as a driver for their family.

The driver was knocked unconscious when he was struck on the head with a block of wood.

The three men then poured petrol over the driver and set him on fire inside their compound in an effort to destroy the evidence.

It is believed that the incident took place around February. The man’s ashes were only later discovered by police.

The remains of the deceased were submitted to the coroner’s office in a black garbage bag, according to court records.

The three men were arrested earlier this year and denied bail, pending a verdict. The case was brought before the court in September. All three pleaded guilty and their lawyers asked the court to see if the deceased’s family would accept blood money.

The family of the victim, who live in a rural village in Pakistan, did not attend any of the court hearings. They accepted the Dh5 million settlement and relinquished their right to seek the death penalty, according to court documents seen by The National.

Blood money, or diyyah, is a common form of settlement under Sharia law, and means that money is paid to the victim’s family in exchange for reduced punishment.

In cases involving crimes classified as murder without intent, such as road accidents, the automatic payment is set at Dh200,000 with no prison sentence.

In premeditated murder cases, according to the Federal Penal Code, if the family of the deceased accepts blood money they waive their rights to seek the death penalty.

In these cases, the law prescribes a prison sentence of three to seven years for first-degree murder, and a payment of Dh200,000. This sum must be paid by the accused.

In addition to diyyah, both families can negotiate additional financial compensation.

In this case, the families of the accused will pay Dh200,000 in blood money and Dh4.8 million in compensation.

While the financial compensation has already been settled, the lawyers have 30 days to appeal against the prison sentence.

myoussef@thenational.ae