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.

makkahcranes

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
April 24,2020

Apr 24: Dubai's Supreme Committee of Crisis and Disaster Management has announced partial easing of restrictions on public movement in the emirate starting from Friday amid the COVID-19 outbreak.

The announcement is in line with the decisions of the Ministry of Health and Prevention and the National Emergency Crisis and Disaster Management Authority (NCEMA), a statement released late on Thursday said.

The move, which coincides with the start of the fasting month of Ramzan, will allow increased freedom of movement while ensuring the continuation of strict precautionary and preventive measures, the statement said.

The Committee has also outlined a new set of guidelines on movement and a list of exempted commercial activities and vital sectors, it added.

The decision to reduce restrictions on movement in Dubai follows a careful assessment of the current situation and analysis of reports from various authorities working to combat the pandemic, the committee said.

Underlining the emirate’s success in countering the spread of the virus, it said that stringent measures undertaken over the last three weeks have significantly helped to mitigate the crisis.

It further stressed that despite the partial easing of restrictions on movement, people will not be allowed to hold public or private gatherings and those who breach the guidelines will face legal action.

The need to ensure the safety and wellbeing of the community cannot be underestimated, the Committee stressed.

"Despite the difficult circumstances the world is facing today, the UAE has set an example for dealing with the crisis. This was also made possible through the commitment of all individuals and institutions both in the private and public sector,” the committee said in the statement.

“All measures undertaken by the country have been driven by the objective of safeguarding everyone’s safety and wellbeing,” it added.

Public transport (bus and metro), restaurants and cafes (except for buffet and shisha), retail sector (malls, high-street outlets and souqs), wholesale sector and maintenance shops will be allowed to operate under certain conditions, it said.

Shopping malls, markets and commercial outlets will be open daily from 12 pm to 10 pm. Restaurants and shops are allowed to operate at a maximum of 30 per cent capacity at shopping malls, it said.

Malls and retail outlets are not allowed to hold entertainment events to avoid congestion and crowding, it added.

Restaurants and cafés too have been allowed to operate but are not permitted to serve shisha and buffet. Dine-in customers are allowed but should occupy only a maximum of 30 per cent of the outlet’s capacity and only single-use cutlery can be used at restaurants and cafes, it said.

However, family entertainment facilities, cinemas, changing rooms and prayer rooms will not be allowed to operate. Hotels will be allowed to operate without opening pools, gyms, sauna and massage parlours.

A maximum of 30 per cent of the workforce of all organisations will be allowed to work from their offices while the rest will be required to work from home.

As part of the first phase of easing of restrictions, the stringent curbs on public movement will now be limited to the period between 10 pm to 6 am. During this period, the public will be allowed to leave their homes only for medical emergencies.

Individuals will be able to leave their homes between 6 am and 10 pm without a permit.

The public will be required to strictly follow precautionary measures which include maintaining physical distance from others as per guidelines and wearing a face mask. Those who do not wear a mask will be subject to a fine of AED 1,000.

Members of the public have also been allowed to exercise outside their homes provided they do not leave their area of residence. They can undertake activities such as walking, running or cycling for 1-2 hours each time. Only a maximum of three people can exercise at the same time.

Permission has also been granted to allow visit first and second degree relatives as long as gatherings are restricted to not more than five people. However, visiting high-risk individuals (individuals above 60 years and those with underlying medical conditions) should be avoided.

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News Network
July 9,2020

Dubai, Jul 9: The Government of India has announced an additional 104 special repatriation flights from the UAE to India as part of the Vande Bharat Mission, Phase 4 from July 15 - 31.

According to a flight schedule listed on the Ministry of External Affairs (MEA) website, national carriers Air India and Air India Express flights have been scheduled to various cities in 10 Indian states. Each flight has a capacity of 177 passengers.

Vande Bharat Phase 4 officially began on July 3, and in an earlier press briefing Anurag Srivastava, spokesperson of India's Ministry of External Affairs had said 'Phase 4 will focus on repatriation of Gulf-based Indians.

The new additional flights have been organised to cities in Tamil Nadu, Maharashtra, Delhi, Telangana, Punjab, Haryana, Kerala, Uttar Pradesh, Karnataka, and Rajasthan, according to the MEA schedule. To the joy of expats from Maharashtra, at least seven flights have been planned to Mumbai, which has been a less serviced state since the start of the Vande Bharat Mission.

Consul Press, Information, and Culture, Consulate General of India in Dubai Neeraj Agarwal said, "Approximately 100 repatriation flights are planned for the next 23 days, including 50 from Dubai and Sharjah each. If all flights are full, we are looking to evacuate anything between 17,000 to 18,000 passengers in the coming days."

Booking for the newly announced flights will open soon, said Agarwal. "Some of them are already open, and others will be open in the next few days. However, a few flights are subject to slot approvals," he explained.

Commenting on the possibility of flights from India to the UAE, Agarwal said, "We express hope that this too will happen soon."  The flight schedule can be seen here: https://www.mea.gov.in/phase-4.htm

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Agencies
March 1,2020

Paris, Mar 1: Most of the riders and teams taking part in the abandoned UAE Tour, and who had been quarantined in their Abu Dhabi hotels since Thursday after a coronavirus scare, were cleared to leave the country, sources said.

"The pleasure of going home after several days spent at the hotel," tweeted 2018 world champion Alejandro Valverde, one of the top stars of the race along with Chris Froome, the four-time winner of the Tour de France.

"We are doing well and soon we will fly to Spain."

However, there was confusion over how many competitors and officials will be allowed to leave.

All 133 cyclists who were still in contention as well as team members were tested after it was announced by organisers Thursday that two Italian staff members on the race had tested positive for the COVID-19 virus.

Earlier Saturday, the UAE Tour, quoting health officials, said that 167 people had been tested and all were negative.

The Department of Health-Abu Dhabi were "still monitoring the condition of the remaining cases of contacts, whose lab testing findings will be available in the next few hours."

The UAE Tour cancelled its last two stages on Thursday after the coronavirus cases were confirmed.

Danish cyclist Michael Morkov of the Deceuninck-Quick-Step team, who took part in the first four stages, was placed in isolation in his hotel room after arriving in Berlin to take part in the world track championships.

However, on Saturday, he too was cleared to take part.

"The rider present in Berlin is currently in excellent health, with no suspicious clinical signs, and we are also guaranteed that he has not contacted the two members of the management of a team participating in the UAE Tour, originally suspected of coronavirus," governing body UCI said in a statement.

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