ABU DHABI // One of two Emiratis accused of killing an Omani on a hunting trip refused to take the Qasama oath at the Appeals Court on Tuesday.
The oath is a way of adjudicating on first-degree murder charges when there are only strong suspicions that the defendant is guilty.
The victim’s heirs are asked to swear a religious oath 50 times that they believe the defendant killed the victim. They can also revert the Qasama back to the defendants, making them take the oath 50 times that they did not commit the crime.
If the heirs or defendants decline, the case is dropped.
The heirs were in court to take the oath to confirm the two men, cousins N D and M D, killed their relative and should carry the responsibility of his death until judgment day.
But the lawyer representing the heirs said the conditions of Qasama did not apply to this case, especially as the Criminal Court had already found the men guilty of murder and sentenced them to death.
The father and brother of the victim said the oath should not be referred to the defendants and the court should rely on the evidence.
The judge said the victim’s blood relatives could look into Qasama if they wanted, but once they were positive that one of the two defendants was the murderer, they must take the oath. He said if they were unsure, the oath would be referred to the defendants.
The judge then asked the two defendants if they were willing to take the oath. One agreed, while the second refused to answer. The judge insisted on an answer and the defendant replied: “There is no need for me to take the oath. This case is silly anyway.”
The judge warned of the consequences of refusing to take the oath: “You will remain in prison your entire life until you agree to take it.”
A third defendant, H D, was cleared by the Criminal Court but the prosecutors appealed.
The case arose from a hunting trip in the Omani desert in January last year. The defendants had taken their Land Cruiser to a remote part of the desert when Omanis in a Hilux started to chase them.
The Omanis threw rocks at the Land Cruiser before one of them fired a pistol in the air. The Emirati cousins fired a warning shot back at the Omanis but hit one in the head, killing him instantly.
The case was adjourned to June 24 to summon the rest of the heirs.
hdajani@thenational.ae
