Abu Kab loses appeal

Author: 
Muhammad Humaidan I Arab News
Publication Date: 
Wed, 2009-09-30 03:00

JEDDAH: The Supreme Court on Tuesday upheld a verdict of 3,000 lashes, 20 years in prison and a lifetime ban on driving issued by a Jeddah court against Faisal Al-Otaibi, a Saudi naval officer found guilty of causing the death of three minors in a stunt-driving accident in 2005.

The court rejected an appeal by the plaintiff to reduce the sentence pronounced by Judge Muhammad Amin Mirdad. Mirdad had reduced an earlier death sentence issued in November 2007.

Al-Otaibi, known in the media by nickname “Abu Kab” — which means roughly “the guy with the baseball cap” — fought a two-year highly publicized legal battle in a Jeddah court to avoid execution for the deaths of three young passengers accompanying him in his vehicle.

Bader Khethela, the father of two of the three boys killed in that accident (Ahmad, 14, and Abdul Aziz, 11) has been seeking the execution of Al-Otaibi as an exertion of his family’s private right under Shariah: The choice between accepting blood money (diyah) or insisting on the death penalty.

The family of the other boy who was killed (Ibrahim, 18) had forgiven Al-Otaibi by giving up their private rights claims.

Abu Kab was the first joyrider to be convicted of murder in the Kingdom. All other joyriders who have caused fatal accidents have received jail sentences ranging from six months to a year in addition to the payment of blood money to the victims’ relatives.

This case originated in 2005 when Al-Otaibi rented a car and with passengers in his vehicle performed a so-called “drifting” stunt at 120 kph that resulted in a collision with another vehicle and the death of the three passengers. Two other youths were also injured in the accident.

Opponents to the court verdict said the boys were all willing participants in the incident and that Al-Otaibi was not guilty of premeditation in causing their deaths, and therefore there was no capital offense under Shariah. However, some have argued that it is in the judge’s right under Shariah to issue a death sentence on discretionary terms as a means to dissuading the socially corrupt behavior of stunt-driving.

Joyriding is commonplace in the Kingdom with teenagers often performing stunts in public places to draw the attention of onlookers, especially during holidays and school examinations.

Last year a new traffic law, approved by the Cabinet, assigned specific punishments for stunt driving: First time offenders will have their cars seized for 15 days and fined SR1,000. The punishments and fines increase with third-time offenders having their vehicles seized.

Main category: 
Old Categories: