Makkah Criminal Court drops crane case citing lack of jurisdiction

January 27, 2017

Jeddah, Jan 27: Makkah Criminal Court issued on Thursday said it was dropping the case of the crane that collapsed in Makkah in September 2015 due to lack of jurisdiction over the case.

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The accident resulted in 110 deaths and 209 injuries.

The court issued its ruling in the presence of the defendants on trial and the prosecutor; it came after several sessions of deliberations.

The prosecutor had interrogated the defendants before the judge decided to drop the case due to an issue of jurisdiction.

The court informed the defense team of the 13 people on trial, consisting of Ahmed Al-Qurashi, Attorney Hassan Jomaan Al-Zahrani and Abdullah Bin Laden, that it will inform them later of the date the legal decision will be formally issued.

Reports presented by the Bin Laden Group during the investigation and court sessions had shown that sudden changes in weather conditions, difficult to forecast, resulted in unusual winds, which in turn caused the collapse of the crane.

The company made a point of mentioning the fact that 50 thunderbolts were recorded on the day in Makkah within a period of only one hour due to the inclement weather conditions.

The storm was accompanied by heavy rain and thunder, as well as drop in temperature from 45 degrees to 21 degrees Celsius, the company said.

The Civil Defense Department spokesman said that the heavy rain that fell over Makkah on that day reached 40 millimeters within a very short period of time.

The 13 defendants on trial gave their affidavits to the court. They were absolved of responsibility for the collapse of the crane and the consequent damage due to insufficient evidence.

Of the three judges, two decided to drop the case; the third maintained that the court has jurisdiction over the case.

The prosecutor also insisted that the court had jurisdiction and legal competency to look into the case, based on the royal decree issued following the incident, including into charges of loss of life, property damage and negligence.

The Bureau of Investigation and Public Prosecution relied on the results of the investigation, which were submitted to higher authorities, and indicated that the main cause of the accident was the fact that the crane was subjected to heavy winds and had been kept idle in the wrong position, in violation of the operation instructions issued by the manufacturer.

According to the instructions, the crane’s main arm should have been lowered when not in use or during instances of heavy winds.

The bureau also pointed to the lack of compliance with safety standards in the operating procedures, no respect for the safety requirements, and poor communication and monitoring by safety officials responsible for the project during the poor weather conditions, despite warnings by the Presidency of Meteorology and Environmental Protection.

The defendants were also accused of failing to measure the speed of the wind and to respond to a number of letters from concerned authorities to review the condition of the several cranes at the site, especially the crane that fell.

The bureau called for holding the contractor, Saudi Bin Laden Group, partially responsibility for the accident, due to these reasons, as well as for reexamining the contract of Kansas Advisory Company and all cranes involved in the project, and to make sure that all safety and security conditions are met.

Following the incident, King Salman bin Abdulaziz called for referring the results of the investigation and related evidence to the Bureau of Investigation and Public Prosecution to complete the investigation of the Bin Laden Group, as well as to prepare a list of charges to be presented to the judiciary.

The order also asked Saudi Bin Laden Group to comply with the decision reached.

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News Network
May 3,2020

Jeddah, May 3: Saudis and expats who spread rumors on social media could be jailed for up to five years and fined SR3 million ($800,000) under measures to counter false information regarding the coronavirus pandemic.

The move follows warnings by Saudi Arabia’s Ministry of Health, Ministry of Interior, General Presidency of the Two Holy Mosques and other government entities that people should rely on trusted news sources and not third parties for information on the Kingdom’s handling of the COVID-19 outbreak.

The Saudi Public Prosecutor warned that legal action will be taken against individuals who spread misinformation and rumors.

On Saturday, media spokesman for the Riyadh region police, Col. Shakir Al-Tuwaijri, highlighted a video circulating on social media in which a person spreads rumors about steps taken to curb the spread of the coronavirus.

Other false claims include a planned change in curfew hours, warnings of food shortages, and a suggestion that health authorities are deliberately concealing the number of cases in the Kingdom.

In a recent case, a Riyadh resident claimed to know when worshippers will be allowed to return to the Grand Mosque.

All suspects have been arrested and face legal action, police said.

Dimah Al-Sharif, a Saudi legal counsel and member of the International Association of Lawyers, urged people to be responsible regarding content they access on social media.

“Receivers should not save such content or share it with others, and should delete it if possible since they, too, will be liable,” she said.

“Under Saudi laws to counter cyber-crime, we are not allowed to produce, prepare, send or save any unauthorized content or rumors.”

Individuals who breach regulations can be jailed for up to five years and face fines of SR3 million, as well as confiscation of the device(s) used in the crime, she said.

In addition, the judicial ruling will be published in newspapers at the offender’s expense.

The Kingdom’s Public Prosecution Office took to social media to warn users about the consequences of spreading rumors and misinformation.

@bip_ksa tweeted: “Receiving information from its official sources is a moral obligation and commitment, and legal responsibility. Do not fall victim to malicious rumors and news from anonymous sources that violate the procedures and effort, and cause terror regarding the Coronavirus, in order to avoid strict criminal accountability in this regard.”

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News Network
March 25,2020

Riyadh, Mar 25: A 46-year-old man died of coronavirus in Saudi Arabia, becoming the Kingdom’s second death, according to a health ministry’s spokesman.

The health ministry recorded 133 new infections, bringing the total to 900.

Of those newly confirmed cases, 18 are associated with recent travel, and were placed in quarantine upon their arrival in the Kingdom, the spokesman said.

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News Network
May 7,2020

Dubai, May 7: Saudi Arabia will emerge as the victor of the oil price war that sent global crude markets into a spin last month, according to two experts in the energy industry.

Jason Bordoff, professor and founding director of the Center for Global Energy policy at New York’s Columbia University, said: “While 2020 will be remembered as a year of carnage for oil nations, at least one will most likely emerge from the pandemic stronger, both economically and geopolitically: Saudi Arabia.”

Writing in the American publication Foreign Policy, Bordoff said that the Kingdom’s finances can weather the storm from lower oil prices as a result of the drastically reduced demand for oil in economies under pandemic lockdowns, and that it will end up with higher oil revenues and a bigger share of the global market once it stabilizes.

Bordoff’s view was reinforced by Sir Mark Moody-Stuart, former chairman of Royal Dutch Shell and one of the longest-standing directors of Saudi Aramco. In an interview with the Gulf Intelligence energy consultancy, he said that low-cost oil producers such as Saudi Arabia would emerge from the pandemic with increased market share.

“Oil is the only commodity where the lowest-cost producers have contained their production and allowed high-cost producers to benefit. When demand recovers this year or next, we will emerge from it with the lowest-cost producers having increased their market share,” Moody-Stuart said.

Bordfoff said that it would take years for the high-cost American shale industry to recover to pre-pandemic levels of output. “Depending on how long oil demand remains depressed, US oil production is projected to decline from its pre-coronavirus peak of around 13 million barrels per day.

“Shale's heady growth in recent years (with production growing by about 1 million to 1.5 million barrels per day each year) also reflected irrational exuberance in financial markets. Many US companies struggling with uneconomical production only managed to stay afloat with infusions of cheap debt. One quarter of US shale oil production may have been uneconomic even before prices crashed,” he said.

Moody-Stuart said that recent statements about cuts to the Saudi Arabian budget as a result of falling oil revenues were “an important step to wean the population of the Kingdom off an entitlement feeling. It means that everybody is joining in it.”

The former Shell boss said that other big oil companies would follow Shell’s recent decision to cut its dividend for the first time in more than 70 years. But he added that Aramco would stick by its commitment to pay $75 billion of dividends this year.

“When a company looks at its forecasts it looks ahead for one year, so for this year it (the dividend) is fine,” he said.

Bordoff added that Saudi Arabia’s action in cutting oil production in response to the pandemic would improve its global position.

“Saudi Arabia has improved its standing in Washington. Following intense pressure from the White House and powerful senators, the Kingdom’s willingness to oblige by cutting production will reverse some of the damage done when it was blamed for the oil crash after it surged production in March,” he said.

“Only a few weeks ago, the outlook for Saudi Arabia seemed bleak. But looking out a few years, it’s difficult to see the Kingdom in anything other than a strengthened position,” Bordoff said.

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