United Arab Emirates Public Prosecution Abu Dhabi Court of First Instance

IN THE NAME OF ALLAH, THE MOST MERCIFUL, THE MOST COMPASSIONATE
UNITED ARAB EMIRATES

PUBLIC PROSECUTION
Abu Dhabi Court of First Instance
In the name of His Highness President of the State –Ruler of

Abu Dhabi Emirate
In the public hearing held in Abu Dhabi First Circuit of Traffic
Misdemeanors on 21-8-
2010,
Presided by:
Judge: Ahmed Alhaj Qabojah
in the presence of:
Majid Falah Alqahtani (Prosecutor)
Matar Ali Nassib Ali (Secretary)
The Court considered case no. 1117/2010 Abu Dhabi Traffic

System
Filed on: 23/08/2010
Name Nationali UID Age Charge Date
ty
Defendant/ Shamir Mon Ary Indian 12431882 25 Ignoring Traffic Red 22-8-2010
Barambil light
22-8-2010
Manslaughter
22-8-2010
Causing Personal
damages 22-8-2010
Causing damages
As on 22/8/2010, at the Department of Abu Dhabi Traffic

System, the above mentioned defendant:
1.Involuntarily caused the death of Joseph Asio Galviz,
through neglect, carelessness and violation of law by
ignoring traffic red light resulting in a collision with the
damaged vehicle and causing the personal injuries
described in the attached medical report, and the death of
the said person.
2.Involuntarily caused personal damages to Heniry Rifera
Gamble and Kaniathodi Bahoti Kaniathodi Mohamed Koti,
through neglect, carelessness and violation of the law,
resulting in the occurrence of the accident and causing the
injuries described in the attached medical report, to the
said people.
3.Involuntarily caused damages to the public properties
indicated in the report, and to the vehicles owned by:
Khalil Jumaa Ali Ghanim Alhawsab, Bidikabarambil Soma
Sondran and Taqdeer Company for Vegetables and Fruits,
through neglect carelessness and violation of law.
4.Violated traffic regulations through ignoring the red light.
5.Drove the vehicle indicated in the report with a speed
exceeding the limit specified for the road.
6.Drove the vehicle indicated in the report without taking
due care and caution.
The Public Prosecution requested that the defendant be tried

according to Islamic Law, Articles 43, 341/1, 343/1 and 424/1 of
Federal Criminal Law No. 3/1987, Articles 2, 4, 10/10, 57/1 of
Federal Traffic Law No. 21/1995 as amended by Federal Law
No. 12/2007 and Articles 1 and 25 of its executive rules.
Upon facing the defendant with the above charges, he
admitted his guilt regarding the acts claimed by the Public
Prosecution and that he shall assume responsibility for the
accident and its consequences. He stated that on the date of
the accident that occurred in New Sheikh Khalifah Street, he
was coming from the Port driving car no. 74951, licensed from
Abu Dhabi, Mitsubishi Canter Refrigerator, owned by Taqder
Company for Vegetables and Fruit, on his way to Dubai from
the Port via Alsaadat Island road. At the crossroad where the
accident occurred, he ignored the red traffic light claiming he
did not see it and that he was driving with a speed of about 80
km. At the crossroad, his car collided with two cars, one of
which was a Pick-Up and the other a Salon. He was injured, as
well as a person named Mohammed Koti accompanying him in
the car. The driver of the Pick-Up car and another person were
injured. While he was in the Department of Traffic, he knew of
the death of the driver of the Pick-Up and he considers this
death as an Act of Allah.
As his confession is evidence of its contents, the court treats
the defendant according to his express and clear confession;
and the court decides that he is guilty of the charges he is
accused of and which are indicated in the bill of indictment.
As for the penalties, Islamic Law states that the penalty for
manslaughter is Deyyah and Kaffarah. As no assignment of the
Deyyah is proven to the court, and as the value of the Deyyah
is two hundred thousand dirhams (AED 200,000), the court
orders the accused to pay the Deyyah of the aggrieved Joseph
Asio Galviz, in addition to the Islamic Kaffarah.
As for other crimes the defendant is charged with, the court
shall punish him with the appropriate penalty indicated in the
Federal Criminal Law and Federal Traffic Law as amended by
Federal Law no 12/2007.
As the crimes committed by defendant are interrelated and
constitute an integral whole, they should be considered as one
single crime and should be punished by the maximum penalty
in application of the provisions of Article 87 of Federal Law.
In view of the above,
The court decides the following in the presence of the
defendant:
1.The defendant Shamir Mon Ary Barambil Hamza Ary
Barambil, Indian, Muslim, 24, is found guilty with the
crimes of: manslaughter according to the Islamic Law,
involuntarily causing personal injuries and damages,
ignoring the red traffic light and not taking the due care
and caution and its rules, ordering him to pay the Deyyah
of the aggrieved JOSEPH ASIO GALVIZ of the equivalent of
TWO HUNDRED THOUSAND UAE DIRHAMS (AED 200,000),
3 month sentence and the Kaffarah stated by Islamic Law.
2.The right to claim torts shall be preserved for all
individuals affected by the accident.
3.The driving license of the defendant shall be suspended
for six months.
And may Allah grant His peace and mercy to our lord
Muhammad, his family and companions
Judge Secretary
//signed and stamped// //signed//

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IN THE NAME OF ALLAH, THE MOST MERCIFUL, THE MOST COMPASSIONATE

UNITED ARAB EMIRATES

In the name of His Highness President of the State –Ruler of

in the presence of:

Majid Falah Alqahtani (Prosecutor)

Matar Ali Nassib Ali (Secretary)

The Court considered case no. 1117/2010 Abu Dhabi Traffic

As on 22/8/2010, at the Department of Abu Dhabi Traffic

The Public Prosecution requested that the defendant be tried

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