Family of Emirati boys who drowned in quarry pit win another hearing
The family of the two Emirati boys who drowned in a quarry partially filled with rainwater in Dibba in 2011 have reopened their case against the municipality after previous attempts to appeal against the court’s verdict failed.
At the time, public prosecution ruled that the drownings were “an act of God” and closed the case without bringing charges.
Sultan, 14, and Khaled Al Yamahi, 13, drowned while playing near the unfenced pit that had been quarried by companies moving rocks and sand from the area.
At the time, Fujairah Civil Defence said, warning signs had not been erected.
The pit was about 300 metres wide and about 4.5 metres deep, according to Mohammed Khamis, a resident of Basira Al Jabaliya.
Khalid slipped into the unmarked pool after dark and Sultan went in to save him. Their parents were out of the country at the time.
In 2014, the family tried to have the verdict overturned, blaming Dibba Municipality, Fujairah Public Works Department and the private mining and quarrying company for failing to implement safety measures to prevent such an incident.
“Now I have lost my boys and I worry about other children because there is no sign and no protection,” the boys’ father, Saeed Al Yamahi, said at the time.
“This is all because there is no sign. The municipality or the company have to put a sign to say it is dangerous to walk here.”
An appeal by lawyers for the family was rejected by prosecutors, who said that the guardian did not file a civil case, which is a requirement if compensation is sought.
Dr Sultan Al Mouathen and Juma Mulah, the two lawyers assigned to the family’s case, convinced Fujairah Appeal Court on October 4 this year to take the case back to court.
“After many attempts, we managed to get federal court approval on the appeal and agreed to return it to Fujairah Appeal Court to be considered by a different committee,” Dr Al Mouathen said.
The family said they were grateful and had faith in the country’s judicial system.
“We trust in the integrity, transparency and fairness of the UAE judiciary, our leadership has given a significant interest and importance to our judiciary system and we believe in it,” said Mr Al Yamahi.
The lawyers are seeking an undisclosed amount in financial compensation for the family.
We managed to get federal court approval and agreed to return to Fujairah Appeal Court to be considered by a different committee DR SULTAN AL MOUATHEN Lawyer