The court has formally dismissed manslaughter charges against a single mother-of-three who left a four-year-old boy in the back of her vehicle who subsequently died of heatstroke after suffocating as temperatures soared.
Charges were initially dropped after the child’s parents told judges, in an earlier hearing, that they have ‘forgiven’ the Bahraini defendant, deciding to not pursue any legal action against her.
“The criminal case against the defendant has been brought to a close, after an amicable settlement was reached between her and the victim’s parents,” read the verdict.
“The woman’s lawyer submitted a notarised statement, signed by the victim’s mother and father, waiving their right to press charges in criminal court.
“As the victim’s legal heirs, they have also waived their right to ask for damages in the civil court.”
The High Criminal Court fined the 40-year-old woman BD300 for running a transportation service, ferrying students to and from school, without acquiring a permit.
The young victim, Hassan Al Mahari, fell asleep in her car on the morning trip to his kindergarten in Demistan on October 13, and she forgot he was there.
On the day of the incident, after dropping off other students, she went to work at a primary school cafeteria in Buri at around 7.45am without checking her vehicle.
She had locked the car and parked it in the sun as the temperature soared to 34C.
When she returned, she was shocked to find Hassan slumped on the back seat and unresponsive.
He was rushed to BDF Hospital and despite the best efforts of medics passed away from severe heatstroke.
Hassan’s parents declared that they would not be pressing charges, wanting to put the matter to rest. His 26-year-old mother stated that she believes that there is ‘no malice’ in the ‘tragic accident’.
The boy’s 28-year-old father also penned a heartfelt public letter, explaining that they chose to forgive the woman out of concern for her three children.
“My decision to forgive is not an act or weakness or impulsion, but rather an act of worship and reliance on Allah,” he said. “As for the money (settlement), I have decided to waive it because we do not want to burden her family, nor do we want to enrich ourselves at the expense of others’ pain.”
The GDN earlier reported that the defendant worked two jobs to make ends meet and provide for her three children as her husband was serving a prison sentence in Saudi Arabia.
Following his arrest for unspecified charges, she lost social benefits for low-income families and had to look to new ways to make money to survive, according to her lawyer.
A medical examiner, who conducted the autopsy, testified that the boy died from both heat exhaustion and suffocation, having been locked inside the vehicle in the sweltering sun.
When his father arrived at the Hamad Town kindergarten, he received a heartbreaking phone call from authorities, informing him that his son ‘was very ill’ and was on his way to the hospital.
The woman reportedly said in a phone call to the boy’s father after she found him in the back seat: “Forgive me, Bu Hassan, you can do whatever you want to me; I’ve been forgetting a lot lately,” the court heard.
After learning of the incident, an Education Ministry team visited the kindergarten the same day, to check that protocols were followed.
An early education oversight employee told prosecutors that there was no rule to mandate that school administrators call parents if their children were absent.
In her confession to the Public Prosecution, the single mum recounted the entire incident, stating that she forgot Hassan because ‘he made no sound or movement’.
“On the day of the incident, I took two girls to their pre-schools, but Hassan remained in the back seat. At 7.45am, I went to work at a school cafeteria in Buri, and I left at 11.15am to pick up the first girl.
“I collected her and brought her to my car, holding her hand. When I opened the back door, I was shocked to see Hassan there.
“He had passed out, and his head was down, leaning on the driver’s seat. I shook him but he wasn’t responsive. I cried out, and the people in the girl’s kindergarten heard me and I carried him inside.
“They tried to revive him, and one of the workers in the nursery performed CPR chest compressions on him, until the ambulance arrived.
“After that, I went to get my own children from school. Then the police summoned me, and I went to the station, where I was remanded in custody.”
The GDN earlier reported that Hassan was described by his family as the ‘light of the home’. He was the eldest of two children and was said to have adored his baby sister.
zainab@gdnmedia.bh