Legal Magazine

More on the Law

Posted on the 21 March 2011 by Seabee
If you haven't read yesterday's post, please do so before reading this one.
I think that sometimes the problem is the way the law is administered rather than the law itself.
In his comment on my last posting, Alexander called it 'a system that runs on rails to an insane degree', which pretty well sums it up.
But there are other examples where it is the law itself that's the problem and there's an example of what I consider to be a bad law reported in this morning's Gulf News.
A tragedy that happens world-wide is that little children are run down in their own driveways by their parents, especially when they're reversing large 4x4s.
I can't even begin to imagine the sickening horror the parents experience.
In the UAE, more horror is piled on top of that horror.
An Australian father has been charged 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 Umm Suqeim.
The prosecutors are all showing sympathy and asking that he should be dealt with leniently.
...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...Upon the directives of Dubai's Attorney General Essam Eisa Al Humaidan, prosecutors ask a judge to be sympathetic...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.
There's been a death in a traffic accident so it's fair enough that there's a police investigation. If dangerous or reckless driving is involved then a case should be brought against the driver. 
But to have 'accidentally and unintentionally' as a crime is another thing all together. And in this instance there is no suggestion that it was anything other than a tragic accident.
Prosecutor Salah Bu Farousha said the law must be applied with a humane touch. But they shouldn't have to ask the court for leniency, it should never reach court. A true humane touch would be for such a terrible accident not to be treated as a criminal act.
The story is in Gulf News here.

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