New details in the case of the killing of the Kuwaiti student in Sharjah

The Sharjah Criminal Court, headed by Judge Hussein Al-Assofi, and with the membership of Judge Saud Mohammed Al-Salameen and Judge Aidaroos Abdullah Mohammed, ruled to seize a case in which two Kuwaiti students were accused. The first accused, “Y.S.” (20 years old), and the second accused, “H.M.” (19 years old). , who are studying at the University of Sharjah, beat their colleague, “Mubarak Mishal” (19 years old), of the same nationality, to death, for three consecutive days, to pronounce the verdict in the session of next November 4, This is 12 months and 18 days after its start.

The victim’s parents, “blood guardians”, attended the trial session and declared before the judge their requests for retribution. They rejected the settlement of the case amicably and the offer made by the family of the first accused to pay blood money estimated at 100 thousand Kuwaiti dinars (one million and 300 thousand dirhams) to save their son from retribution, and to close the entire case without bloodshed.

In detail, the Sharjah Criminal Court, in its session attended by “Emirates Today” today, listened to the statements of the second witness and the defense team’s arguments for the accused, as the number of the defense team reached 8 Emirati and Kuwaiti lawyers.

The second witness in the case, a national of an Asian country, the owner of the cafeteria in front of which the victim fell unconscious in the Muwaileh area in Sharjah, and who was absent from the previous sessions, said that he had never seen the first and second defendants before, and that the incident did not happen in front of him.

The Public Prosecution charges four charges against the defendants: premeditated murder, indecent assault, deprivation of liberty, and damaging a phone.

During the session, lawyer Muhammad Khalifa Al-Mualla, the lawyer for the first defendant, said that the element of confession that the Public Prosecution relied on was not proven in the case papers, as the accused assaulted the victim’s bodily integrity, and did not admit that he killed him, and there are no material or moral elements for the completion of a crime. Murder, and there was no confession of murder.

Al-Mualla stressed that “the testimony of witnesses does not prove that the accused beat the victim, and their testimony does not constitute a conviction against the accused.” Stating that, “If the prosecution relies on the forensic report as part of its observations, this is incorrect and does not constitute an admission of the accusation, as the accused admitted to assaulting the victim’s bodily integrity and not killing him.”

He explained that the video that was transcribed from the “Samsung Galaxy” phone by the Criminal Investigation Department proves that the accused assaulted the victim, not killed him, and that the victim remained silent in the video and did not show any signs of distress.” The lawyer demanded that the accused be declared innocent of all charges. Charges, as a precaution for the court to amend the murder charge to an assault on bodily integrity.

Kuwaiti lawyer Dokhi Muhammad Al-Hasban also spoke on behalf of the first accused, defending the invalidity of the order to refer the accused from the Public Prosecution because it did not include mitigating or exempting excuses, taking into account the young age of the students and their age at the time of the incident not being less than 19 years. He confirmed the presence of an element of provocation, and that this was what prompted the first accused to attack the victim’s bodily integrity, and that there was no prior planning to kill the victim or premeditation.

He challenged the forensic report, explaining that the report was contradictory and inaccurate, and that the assault on the victim’s body occurred on February 17, 2013, and that the death occurred on February 24 of the same year, stressing that it is not logical that the death occurred as a result of that assault. The effects of which were healed according to the same forensic report.

Al-Hasban confirmed his extreme astonishment that the accused were charged with murder, as their charge was supposed to be an assault on the bodily integrity of others. Noting that the accused provides charitable projects to many people and sponsors orphans, he also transported the victim to the hospital and before that fed him when he was beaten, so how could he be a murderer?

A third lawyer for the first accused explained that “the victim was not treated quickly at the university hospital and was left for 4 hours without treatment, and he was bleeding because of an ulcer, and not because of the assault on his body’s integrity with the hand and headband.” Wondering whether these are killing tools.

Criminal suspicion

The details of the case go back to February 24, 2013, when the Criminal Investigations Department at the Sharjah Police General Command received a report of the death of “Mubarak Mishal” (19 years old), after the student arrived, accompanied by one of his colleagues, to the University Hospital in the University City in Sharjah in a state of emergency. He was critical, requiring his admission to the emergency department, but he died despite attempts to save him. A police team moved to the hospital to determine the condition of the deceased.

The initial inspection of the body indicated that there was a criminal suspicion behind the death, as the clinical examination revealed the presence of scattered injuries throughout the body of the deceased. The Sharjah Public Prosecutor ordered the body to be transferred to the forensic laboratory and presented to the forensic physician for examination and to determine the causes of death.

During the investigation with the first accused (Y.S.), his colleague who brought him to the hospital, he initially stated that he was with the deceased in one of the cafes in the Muwailih area when he suddenly fell to the ground unconscious, which prompted him to call for help from a passerby to help him move him to the nearest Hospital, so they transferred him to the university hospital.

When he was asked about the cause of the injuries that appeared on the body of the deceased, he admitted that he and a third colleague of theirs, named (H.M.), beat the victim, “M.M.,” at intermittent intervals over a period of three days, while they were inside their shared residence, which is what he said. About an apartment rented from (Y.S.) in the “Budak” area in Sharjah.

He added that the victim lived with him permanently in the apartment, while H.M. visited them from time to time.

After the arrest of the second suspect (H.M.), he admitted to participating in the assault and beating of the victim in agreement with (Y.S.), for the purpose of “disciplining” him, due to the existence of personal disputes and financial claims between the victim and (Y.S.).