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Joyrider's death sentence likely to be commuted: Lawyers
Published in The Saudi Gazette on 27 - 06 - 2012


Laura Bashraheel
Saudi Gazette JEDDAH — A joyrider accused of causing the deaths of two onlookers in a stunt-driving accident has been sentenced to death by a court in Unaizah in Qassim region after a protracted trial.
The man is likely to appeal the verdict and get the death sentence commuted to imprisonment and lashes, according to legal experts.?
Col. Fahd Al-Habdan, spokesman of Al-Qassim police, said the unemployed Saudi who is in his 30s, had invited his fans to the Unaizah governorate through his website named Mutannish to witness him in action. The officer said the man had rented a car from a car rental company in Riyadh region and even ordered food for his fans to enjoy as they watched him.
“While performing the stunt, the man lost control of his vehicle and knocked down a youth who fell on another onlooker. Both died on the spot and the joyrider fled the scene without providing help to the victims," Al-Riyadh Online quoted Al-Hadban as saying. The joyrider remained in hiding until his arrest.
? The man was arraigned after extensive investigations and the court sentenced him to beheading by sword after a long trial. Investigations revealed that the man was already wanted for causing the death of another Saudi youth in a similar incident.
Ashraf Al-Sarraj, a Jeddah-based lawyer, said the joyrider was given the death sentence after a careful examination of all evidence and reports from investigators and the traffic police that proved him guilty beyond doubt. “After all, it is the judge's discretion," he said.
“At the end of the day, the judge is the one who makes the final decision. In this case, the man was found guilty of an earlier hit-and-run accident while engaging in his dangerous hobby. He had a chance to repent and reform, instead he ended up killing two other young men," Al-Sarraj said.
However, legal experts believe that the man is likely to get away with a lighter sentence if he appeals the verdict in a higher court. They cite the case of Faisal Al-Otaibi, a naval officer who was found guilty of causing the deaths of three minors in a stunt-driving accident case in 2005. ?Al-Otaibi, known by his nickname “Abu Kab" (the guy with the baseball cap), got away with a jail sentence after he appealed an earlier death sentence issued by a Jeddah court.
Al-Otaibi fought a highly-publicized 2-year legal battle to avoid execution for the deaths of three young passengers accompanying him in his vehicle. In February 2009, Judge Muhammad Amin Mirdad sentenced him to 20 years in prison, 3,000 lashes and a lifetime driving ban. The Supreme Court later upheld the verdict, rejecting an appeal by the defendant to further reduce the sentence. Judge Mirdad had revoked the death sentence issued in November 2007.
“This case is similar to the case of Abu Kab, who in the end got his death sentence commuted to a prison term. The case is still at the beginning stage, and the sentence will be appealed. The case may even reach the Supreme Court," said Al-Sarraj.
The lawyer said the ruling by the Unaizah court might have been based on the fact that the accused endangered people's lives by his reckless act. “In accident cases, normally the accused pays blood money to the victim's family and serves time in prison. But in cases like this, the prosecution charges the suspects with deliberately endangering people's lives and the judges look at the case from that angle," he explained.
Saud Al-Hejaili, a Madinah-based lawyer, is of the view that the culprit deserved the maximum punishment because stunt-driving accidents have become so common that a strong deterrent is essential in public interest.
“The case will probably go to the appeals court, and it is up to the judge whether to revoke the death sentence or not. Paying blood money to the victims' families is not enough... A death punishment will dissuade others from such irresponsible behavior," the lawyer said, adding: “Justice should be served to protect people's rights."


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