A MAN who killed a street cleaner while misusing the emergency lane, and then tried to blame the dead worker for the horrific tragedy, has lost his final appeal at the Cassation Court.
In April, the Arab national ploughed into the Bangladeshi municipal cleaner while incorrectly using the right shoulder lane of a main highway at 5am, and fled the scene.
The victim was thrown into the air and fell 45 metres down the road, between the railings, according to court documents.
The expat worker sustained severe injuries in the brutal hit-and-run accident and eventually succumbed to them.
The Lower Criminal Court found the Arab national responsible for the expat’s death, and sentenced him to three years in jail.
He was convicted on charges of manslaughter, reckless driving, not helping the victim nor offering to assist him, and driving a vehicle in a way that poses a threat to pedestrians.
He was also found guilty of committing a hit-and-run, along with not stopping to give his name and information to General Directorate of Traffic officials.
The court also ordered that the Arab’s driver’s licence be suspended for a year following the completion of his jail term.
Although he admitted to the crime in the first trial, the defendant took to the High Criminal Appeals Court to appeal the conviction and sentence, but judges upheld the ruling in June.
His defence appealed the ruling once again at the Cassation Court, where the appellant denied responsibility and blamed the victim for the terrible crash.
However, all three courts dismissed the argument.
“The appellant was driving northward on the Shaikh Khalifa bin Salman Highway when he hit a worker who was on duty cleaning the road,” the Public Prosecution said.
“The sheer power of the blow resulted in the victim flying through the air and falling 45 metres down the road on a patch of dirt between highway railings.
“Instead of stopping and calling for medical assistance, the defendant then fled the scene.”
Defence lawyers earlier claimed that the accident ‘occurred due to the victim’s mistake’ because he was sweeping outside the protective metal railing.
Only a month after the killing, the driver was found guilty of two counts of reckless driving, two counts of not assisting the injured victim, and a count of posing a threat to pedestrians.
“The appellant is criminally liable for his actions,” read the cassation verdict.
“Even if the victim was at fault, hypothetically, it does not absolve the motorist of the responsibility of wrongful death.
“We have found that the appeal is baseless, and hence will uphold the original ruling.”
zainab@gdnmedia.bh