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A pregnant woman has been found guilty in Dubai of killing her unborn child after causing a high-speed crash on Emirates Road in which the baby died.
The 27-year-old Lebanese woman was nine months pregnant at the time of the crash. The baby boy had been due to be delivered just four days later by Caesarean section but died after the umbilical cord was severed in the accident.
The case is the first time that a woman has been prosecuted in Dubai in such circumstances and prosecutors told 7DAYS they hoped it would act as a warning to other expectant mothers.
Salah Bu Farousha, the head of Dubai Traffic Prosecution, said the verdict would offer protection to unborn babies. “Our aim is to protect unborn children,” he told 7DAYS. “The mother is responsible because she didn’t protect her baby. She hurt her baby when she caused the accident.” He added: “We want all pregnant women to avoid driving unless it is necessary, or it is an emergency situation.“They need to protect their baby and sit in the back.”
The woman was charged with causing the death of another human being, driving a vehicle without due care and attention and causing damage to other vehicles.
Judge Ahmad Hassan found her guilty at Dubai Traffic Court yesterday and fined her dhs2,000, although her sentence was suspended. Judge Hassan said: “This is a unique verdict and the first time ever in a Dubai court that a mother has been found guilty of causing the death of her unborn baby in this way.”
The accident happened on October 4, last year. A police report described how the woman was driving home at 3.15pm on Emirates Road when she hit the car in front of her while speeding.
A police officer said in a statement: “Her neglect at not leaving enough space between the vehicles caused the accident.
“The second car, driven by a Pakistani man, veered left and hit another vehicle. “The woman hit another car as well, and she was injured.”
A medical report revealed the baby died because the umbilical cord had been severed during the collision.
Farousha said prosecutors had sought the opinion of a doctor on the case. “We asked a doctor about the circumstances of the baby’s death and also about the baby’s age,” he said. “We then referred her to court.”
ali.shouk@7days.ae
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A similar law has been in effect in US for many years. If you don’t strap your child properly and the child dies in an accident, they will charge you with murder.
Posted by: dgan [05.May.09 2 : 43 AM]Now whilst i agree that this ruling is, quite simply, ridiculous in the extreme, it does bring to your attention the common medical advice that after 7-8 months a pregnant woman should not drive. I am sure no-one ever sets out with the intention of having an accident, but when you are in the driving seat the risks to both mother and infant are greatly increased than if in the passenger side. No amount of our sympathy will help this woman just now, but unfortunately she put herself and her infant in danger and paid the ultimate price.
Posted by: redsoxnation [04.May.09 8 : 42 PM]I agree with a lot of the people that its aharsh punishment - but she was speeding wasn't she? She obviously wasn't thinking of her baby when she was doing that. I do agree that the authorities should come down harder on parents that insist on transporting their children either in the front seat or unrestrained in the back - what do they do when they visit other countries? It is an offence in most of the world except UAE apparently!!!
Posted by: Maggiemay [04.May.09 7 : 36 PM]Imagine compounding the loss of an unborn child with the added grief of being found guilty of causing its death. If only the same diligence to pass the blame was applied to the numberous parents seen driving around Dubai with children standing in the front seat, unrestrained. It is ludicrous to say that pregnant women shouldnt drive. If she had been the passenger, would her driver have been found guilty of the same crime?
Posted by: shakespeare [04.May.09 6 : 22 PM]This is truly a ridiculous ruling. This poor woman is suffering a great loss already. She was 4 days away from meeting her unborn child. That is a huge loss to any woman alone. The next ridiculous thing is saying pregnant woman should not drive.. Talk about going back to the stoneages. But if you want to insist on that, then take the following people off the road as well. Diabetics, Heart Patients, Cancer patients, and any other patient with a medical problem that may cuase a wreck. Follow that up with charging EVERYONE equally when such a tragedy occurs. Plenty of children are injured or killed because of their parents stupidity or laziness (not sure which it is) when they do not buckle their children up with seatbelts or put them properly in a car seat. Plenty of children in the UAE are injured because of parents who do not follow basic rules. Why are they not being charged with child endangerment?
Posted by: Davina [04.May.09 5 : 20 PM]This was an accident, plain and simple. I am disgusted by this ridiculous thinking of the prosecutors trying to "warn other expectant mothers". The definition of an accidental death is death resulting from an accident that was unanticipated by everyone involved. Let this poor woman grieve and get on with her life instead of punishing her for and "accident".
Posted by: dubaideedee [04.May.09 4 : 11 PM]Firstly - deepest sympathies to the lady who has lost her child - can anyone really imagine that any additional punishment is required to make her realise her error?? Secondly I am shocked that someone in the position of the Head of Traffic Prosecution could make such a ridiculous statement! So women who are pregnant should not drive? They should sit in the back - so who is driving? My husband works full time! Far better that they stand on the side of the road in the heat trying to flag down a bus or one of the taxis that never stop. And who does he think will do the groceries / school runs etc? He probably believes that pregnant women shouldn't be out in public at all! Whilst the unborn should absolutely be protected I doubt that there are any stats that indicate that this is a widespread issue. I think that as Head of Traffic Prosecution he should focus attention on prosecuting those who endanger their already born children by failing to restrain them! I am sure traffic statistics would show this to be a far bigger issue.
Posted by: zahara [04.May.09 1 : 24 PM]its_me_yo - I have heard of blood money and murder charges for unborn children before but in those cases its when someone else was involved ie a woman being pushed down the stair resulting in the death of her unborn. From my understanding that after 120 days after conception an angel is sent to the feotus to blow Ruh into it and after this period in Islamic Laws it is considred and treated as a any other born human with rights. This ruling is confusing to me but then again Sharia Law is open to interpretention according to what Madhhab - schools of thoughts - you follow.
Posted by: A. A. Ali [04.May.09 1 : 20 PM]Isnt losing her child punishment enough?? it was an ACCIDENT, no murder. Do they know what the difference is?
Posted by: Jade [04.May.09 12 : 40 PM]Let's start with the glaring problems! Speed DOES kill. This was not a freek accident, when you speed and drive recklessley, the potential for disaster highly increases. It's well known, all over the world! So she was guilty of speeding. But the death of the child was not intentional. So this is unjust. Slap her with a speeding ticket and let her grieve. The death of her child from her speeding is her penalty, which she will be reminded of the rest of her life, and for this I am deepley sadened for her. Let's not inflict more pain.
Posted by: jamay [04.May.09 12 : 28 PM]its_me_yo, I think you've misunderstood. The three comments were not against or about the driver, it was about the ruling.
Posted by: anthonypermal [04.May.09 12 : 12 PM]Dubaiexpat, trepan, A. A. Ali - Please, Lets not speak anything senseless. No mother or Parent wishes to harm her child no matter what. Who knows, maybe she was in hurry for something really important. Its all Allah's desire whatever happens. I don't mean to be rude with you guys but we are all human beings and NOBODY is perfect and am sure i mean 100 percent sure she did not do it on purpose.
Posted by: its_me_yo [04.May.09 11 : 42 AM]Is this for real. Maybe late April Fools joke? This woman has just lost an unborn baby in a freak accident and she is being charged for murder?? The mother has to pay blood money to the successor of her own unborn baby??? I need to digest this one cause its the first for me.
Posted by: A. A. Ali [04.May.09 10 : 18 AM]It is a shame the authorities are not so diligent with drivers who have children sitting on their lap or unrestrained in the back of vehicles. You see it every day, and that should be a major concern to all parents.
Posted by: trepan [04.May.09 9 : 24 AM]This is the most ridiculous thing I have ever heard! Come on this is just laughable! Woman shouldn’t drive when they pregnant? Why don’t you just take their shoes off and shove them in the kitchen! How absurd! Killing your unborn baby in a car accident – is today April fools day?
Posted by: Dubaiexpat [04.May.09 7 : 36 AM]Get updates as they happen or daily, in your email inbox or your mobile phone, or both.
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