A MAN who received a life sentence for a crime committed as a teenager, specifically his involvement in the death of secondary school student during rioting, has had his jail term reduced to only seven years, in the latest verdict taking onboard a new law concerning youth sentencing.
The Bahraini, now 27, was 16 at the time of the offence, heard the High Appeals Court yesterday. He had been sentenced to a total of 28 years behind bars after also being found guilty of building explosive devices and possessing a weapon.
The defendant and six other youths were convicted for their part in the death of Ahmed Salem Al Dhufairi who suffered serious burns as he tried to remove tyres from a road during civil unrest riots in Hamad Town in 2012.
After his conviction in 2014, his original appeal against his conviction was dismissed.
In May this year, his defence team once again lodged an appeal, this time based on the new Restorative Justice for Children and their Protection from Maltreatment Law.
The law which came into effect in August last year aims to deliver justice based on what is best for the children accused of crimes, relying on reports from social workers and psychology experts.
The social evaluation report which was issued in May spoke positively of the defendant, calling him a ‘well-mannered young man.’
“The defendant comes from a stable family with no history of behavioural or psychological problems,” read the report. “He respects and obeys his parents, who constantly supported and guided him and his siblings. Neighbours and friends speak of him highly.
“While in custody, he completed his secondary school education, in which he chose the commerce and finance track. His previous teachers indicated that the defendant was a good student, displayed no behavioural issues and had grand plans for his future.”
The report said he remained a ‘well-behaved’ prisoner all through the 10 years he was behind bars.
It added that being in prison has made him more religiously devoted and develop a love for reading.
“Although such social evaluation interviews are emotionally taxing, he did not lash out and gave balanced responses,” said the report. “His incarceration has affected his family negatively, and being away from them has caused him a great deal of sadness.
“Despite missing his family greatly, he retained a balanced demeanour and treated fellow inmates and policemen well.”
Based on this report and the defence’s arguments, the court accepted the appeal request and commuted the Bahraini man’s life sentence to seven years.
The Bahraini man had been sentenced to an extra three years for the other offences he was found guilty of, on top of his 25-year life sentence for the teenager’s death. His updated total sentence is now 10 years.
“When he is out of custody, the defendant wishes to start a family,” concluded the report.
His successful appeal also resulted in the dismissal of a civil suit against the defendant which ruled that he must pay BD5,001 in compensation to the family of the schoolboy. “The Family Court does not accept civil suits against children,” court documents said.
The victim Ahmed was only 18 when he died as a result of the injuries he suffered as he attempted to remove tyres from a blocked road unaware petrol had been placed between them. The debris exploded when youths threw Molotov cocktails in his direction, as well as filming the incident near a Hamad Town roundabout. A friend, who had been travelling in a car with the youngster, tried to save him, later telling judges during the original hearing that his friend was ‘burning alive’, as reported earlier in the GDN.
He passed away two months after the attack while receiving specialist burns treatment in Jordan and was buried in Riffa Cemetery.
zainab@gdnmedia.bh
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