ABU DHABI // A senior judge has called for an overhaul of court procedures for some murder and adultery trials.
Chief Justice Saeed Abdul Baseer, head of the Criminal Court of First Instance, said some aspects of the present system were causing unnecessary delays and backlogs in trials.
In murder cases, the severity of punishment for the defendant can be decided by the victim's relatives. They are asked whether want to seek the death penalty, settle for blood money or pardon the killer.
This means the case cannot proceed until the victim's blood relatives have been found.
As some of them come from rural areas in Third World countries it has proved impossible to track them down.
At present there are 13 cases deadlocked in this manner, one of which dates back as far as 2006.
But Mr Abdul Baseer said most murders were the result of fights and could not be regarded as premeditated, so the family's input was not necessary for the case to proceed.
"Around 85 per cent of murder cases were a result of a fight, and the majority of Sharia scholars say it is the beating that leads to death," he said.
"So, we call for the Court of Cassation to take by this opinion in cases of murders by fights when it is clear that the intention was not to kill."
Another issue he believes needs addressing involves interrogation of suspected criminals by police officers.
"We face problems from a major mistake committed by some arrest policemen when they violate the law and interrogate the defendant," he said.
"This is an invalid procedure legally and it invalidates the entire case, even if the defendant confesses in court.
"Here the policeman is crossing into the authority of public prosecution."
Thus justice is not served and all the time, money and efforts of the CID, prosecutors, and the court goes to waste.
Mr Abdul Baseer said the courts in Abu Dhabi had dealt with four such cases recently.
"We recommend that those in charge of investigations be aware of this dangerous point, which crosses the law's constitution."
hdajani@thenational.ae
Top judge calls for overhaul of UAE court procedures
The head of the Abu Dhabi Judicial Department Court of First Instances said the current system of jurisprudence for murder and adultery was leading to unnecessary delays and backlogs in the administration of justice.
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