ABU DHABI // An Emirati has been sentenced to death for the third time for killing an Omani as part of a blood feud, while his two brothers have been cleared.
The second appeals court to look the case of three Emiratis accused of avenging their fourth brother by killing the brother of his alleged killer M, 31, and a man who was accompanying him O, 43 — issued its verdict on Tuesday.
H A had his death sentence upheld after M’s heirs insisted on choosing the death sentence as his punishment if the court convicts him. The heirs will also decide the method execution. O’s heirs however waived their right for a death sentence and he was therefore issued an additional year in jail for killing O.
His brother M A, who had his death sentence revoked to 11 years in jail by the first appeals court to look at the case, had his charges dropped and has been acquitted.
Their third brother, who was also sentenced to death by the criminal court, and acquitted by the previous appeals court, had his acquittal upheld on Tuesday. Two cousins of the brothers were facing similar charges but have been acquitted by the criminal court.
H A was also sentenced to another year for possessing a psychotropic drug, and a Dh 5,000 fine and a three month sentence for over-speeding.
The court also ordered confiscation of the weapons, drugs, liquor and other illegal items found at the scene. However, the court said the death sentence overrules the other punishments issued against him.
This case dates back to August 2009, when the defendants’ 19-year-old brother was tricked into going to the Al Buraimi area of Oman, where he was told a wise man would give him a drink that brings good luck.
He died after drinking it.
A medical report in the UAE showed that someone broke the victim’s neck after drugging him.
A neutral GCC country conducted its own examination and drew a similar conclusion.
At a trial in Oman, the court could not determine if the death was premeditated. So, the judge sentenced the defendants to life.
This drove the victim’s brothers to seek revenge and on May 4, 2012, the Omanis travelled to Al Ain, where they were shot dead.
hdajani@thenational.ae