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 19,2020

Dubai, May 19: The UAE announced 832 new Covid-19 cases on Monday following 37,844 additional tests, taking the total tally of coronavirus infections in the country to 24,190.

The Ministry of Health and Prevention also reported four additional deaths, taking the death toll to 224. Meanwhile 1,065 patients also recovered after receiving the necessary treatment, taking the total number of recoveries to 9,577, the ministry said.

“We see a daily increase in cases due to the irresponsible behaviour of some people who are not aware of the consequences of not adhering to health guidelines,” said Dr Amna Al Dahak Al Shamsi, official spokesperson of the UAE government.

“The widening circle of infections requires no more than a few violations by just one or two people to completely infect families with the coronavirus,” she said.

“The decision to partially ease restrictions is aimed at achieving a balance between meeting the needs of a segment of society, whose source of income is linked to the commodity trade sector, and between continuing to adhere to the recommended health guidelines, and hence many restrictions and conditions have to be followed.”

However, she also appreciated the citizens and residents adhering to the precautionary measures.

“It is heartening for us to see many families committed to avoiding family gatherings,” she said. “As we prepare for Eid Al-Fitr, we are confident that citizens and residents will continue to adhere to health and preventive guidelines, and serve as role models to the world,” she added.

Change in disinfection programme timings

Officials also announced that the UAE’s National Disinfection Programme will now be in place from 8pm to 6am, starting Wednesday, May 20, until further notice. The scheme currently runs from 10pm until 6am.

Dr Saif Al Dhaheri, spokesman of the National Authority for Emergency, Crisis and Disaster Management said the amendment comes in light of the “increased number of Covid-19 cases, and the leniency of some members of society and their indifference to preventive measures”.

Food outlets, cooperative societies, groceries, supermarkets, and pharmacies will continue to operate 24 hours a day, seven days a week during the sterilisation programme period.

Meanwhile meat and vegetable shops and outlets selling fruits, toasters, mills, slaughterhouses, fish, coffee and tea, in addition to shops selling nuts, sweets and chocolate, can operate from 6am until 8pm.

Shopping centres and malls can stay open from 9am to 7pm starting Wednesday, May 20, officials added.

“We stress the importance of all stores and those authorised to operate to adhere to the applicable health and safety procedures, which include ensuring that the percentage of shoppers does not exceed 30 per cent of the total capacity,” said Al Dhaheri.

He also confirmed that children under 12 and those over 60 will not be permitted to enter malls and shopping centres.

“We warn visitors to the centres that the shopping period should not exceed two hours in order to reduce the crowding of shoppers, and to maintain the 30 per cent capacity.”

Eid restrictions

Al Dhaheri urged the public to avoid family visits and gatherings during Eid Al Fitr this year and to instead communicate using online means or by phone. He also stressed that people should refrain from distributing ‘Eid’ money to children.

“With regard to Eid prayers, we stress the importance of adhering to what was mentioned by the Emirates Legal Fatwa Council, which is to pray at home and to take health protection reasons as a legal obligation, a necessity of life, and a national commitment,” he added.

Heftier fines

Officials also announced heftier fines to ensure that the regulations are being adhered to.

“It was clear to us, in light of the follow-up, that there was reckless behaviour from some individuals, along with the insistence of some to commit a certain type of violation as well as indifference,” said Salem Al-Zaabi, acting head of the Public Prosecution for Emergencies, Crisis and Disasters.

The Public Prosecution has decided to update the list of previously announced violations and fines and administrative penalties to “suit the current situation”, he said.

Some of the new fines include:

– Dhs50,000 on educational institutions, cinemas, gym, stores, parks, beaches, pools or supermarkets that do not adhere to coronavirus measures

– Dhs50,000 fine on those who don’t adhere to quarantine restrictions

– Dhs10,000 for organising gatherings with participants also fined Dhs5,000 each

– Dhs5000 for refusing to do a Covid-19 test

– Dhs3,000 for not wearing a mask in public

– Dhs3,000 if more than three people are travelling in one car

– Dhs3,000 for companies failing to adhere to the 30 per cent limit on workforce at office

– Dhs3,000 for not adhering to social distancing

– Dhs3,000 fine for violating restrictions during the disinfection period

Repeat offenders will be referred to the Public Prosecution and can face a criminal trial with the possibility of imprisonment for a period not exceeding six months and/or a fine of at least Dhs100,000.

“The pictures and names of violators will be published in newspapers and media upon the decision of the Public Prosecutor if he deems it necessary,” added Al Zaabi.

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News Network
May 25,2020

May 25: A total of 241 Indians including 136 people who were jailed in Kuwait would return to the country soon, a senior minister said on Sunday.

The other 105 people were stranded in Bangladesh, Law Minister Ratan Lal Nath said.

"Altogether 136 people from Tripura and Assam, who are at present in jail in Kuwait for violating that country's laws, would be deported. They will reach Guwahati between May 27 and June 4 in a special flight," Nath told reporters.

He said the matter has been officially informed by the Kuwaiti government, but the reason for their imprisonment is not known.

"We had requested the Kuwaiti authorities to drop the Tripura residents here. However, they informed us that the flight would land in a single airport," the minister added.

Nath said 105 residents of Tripura, who are stranded in different places of Bangladesh will return to the state through the Agartala-Akhaura integrated check post on May 28.

"They would be taken to institutional quarantine and swabs of all the passengers would be collected for COVID-19 test," Nath said.

If the report of their samples tests negative, they would be allowed to leave the facility and remain under 14 days of home quarantine. And those who test positive would be hospitalized, he said.

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News Network
January 6,2020

Dubai/Washington, Jan 6: Tens of thousands of Iranians thronged the streets of Tehran on Monday for the funeral of Quds Force commander Qassim Suleimani who was killed in a US air strike last week and his daughter said his death would bring a "dark day" for the United States.

"Crazy Trump, don't think that everything is over with my father's martyrdom," Zeinab Suleimani said in her address broadcast on state television after US President Donald Trump ordered Friday's strike that killed the top Iranian general.

Iran has promised to avenge the killing of Qassim Suleimani, the architect of Iran's drive to extend its influence across the region and a national hero among many Iranians, even many of those who did not consider themselves devoted supporters of the Islamic Republic's clerical rulers.

The scale of the crowds in Tehran shown on television mirrored the masses that gathered in 1989 for the funeral of the founder of the Islamic Republic, Ayatollah Ruhollah Khomeini.

In response to Iran's warnings, Trump has threatened to hit 52 Iranian sites, including cultural targets, if Tehran attacks Americans or US assets, deepening a crisis that has heightened fears of a major Middle East conflagration.

The coffins of the Iranian general and Iraqi militia leader Abu Mahdi al-Muhandis, who was also killed in Friday's attack on Baghdad airport, were passed across the heads of mourners massed in central Tehran, many of them chanting "Death to America".

One of the Islamic Republic's major regional goals, namely to drive US forces out of neighbouring Iraq, came a step closer on Sunday when the Iraqi parliament backed a recommendation by the prime minister for all foreign troops to be ordered out.

"Despite the internal and external difficulties that we might face, it remains best for Iraq on principle and practically," said Iraqi caretaker Prime Minister Adel Abdul Mahdi, who resigned in November amid anti-government protests.

Iraq's rival Shi'ite leaders, including ones opposed to Iranian influence, have united since Friday's attack in calling for the expulsion of US troops.

Esmail Qaani, the new head of the Quds Force, the Revolutionary Guards' unit in charge of activities abroad, said Iran would continue Suleimani's path and said "the only compensation for us would be to remove America from the region."

ALLIES AT FUNERAL

Prayers at Suleimani's funeral in Tehran, which will later move to his southern home city of Kerman, were led by Iran's Supreme Leader Ayatollah Ali Khamenei. Suleimani was widely seen as the second most powerful figure in Iran behind Khamenei.

The funeral was attended by some of Iran's allies in the region, including Ismail Haniyeh, the leader of Palestinian group Hamas who said: "I declare that the martyred commander Suleimani is a martyr of Jerusalem."

Adding to tensions, Iran said it was taking another step back from commitments under a 2015 nuclear deal with six major powers, a pact from which the United States withdrew in 2018.

Washington has since imposed tough sanctions on Iran, describing its policy as "maximum pressure" and saying it wanted to drive down Iranian oil exports - the main source of government revenues - to zero.

Talking to reporters aboard Air Force One on the way to Washington from Florida on Sunday, Trump stood by his remarks to include cultural sites on his list of potential targets, despite drawing criticism from US politicians.

"They're allowed to kill our people. They're allowed to torture and maim our people. They're allowed to use roadside bombs and blow up our people. And we're not allowed to touch their cultural sites? It doesn't work that way," Trump said.

Democratic critics of the Republican president have said Trump was reckless in authorizing the strike, and some said his comments about targeting cultural sites amounted to threats to commit war crimes. Many asked why Soleimani, long seen as a threat by US authorities, had to be killed now.

Republicans in the US Congress have generally backed Trump's move.

Trump also threatened sanctions against Iraq and said that if US troops were required to leave the country, Iraq's government would have to pay Washington for the cost of a "very extraordinarily expensive" air base there.

He said if Iraq asked US forces to leave on an unfriendly basis, "we will charge them sanctions like they've never seen before ever. It'll make Iranian sanctions look somewhat tame."

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