ABU DHABI // Abdul Hadi Shah and Amin Sharifi are not behind bars, but they know their freedom could be short-lived.
Both were convicted of causing the accidental death of people in separate incidents and were ordered to pay their victims’ families Dh200,000 in blood money.
Surrendering their passports to the authorities allowed them to leave jail, but the threat of being locked up again if they cannot pay off the debt could send their lives spiralling out of control.
In 2013, Shah was held responsible after a colleague was killed on the job, even though he was 45 kilometres away at the time. The Pakistani had sent his workmate to fix a flat tyre on one of the company’s delivery trucks.
While filling the tyre with air, it exploded and a metal ring hit an exposed part of the man’s head killing him instantly. Investigators said although the victim had been wearing a helmet, Shah had not briefed him on the required safety measures.
He was ordered to pay Dh200,000 in blood money and his passport was seized until the amount is paid to the court.
“For three years I’ve been trying to gather the money. I have gone to every charity and begged for assistance from everyone.”
So far he has managed to raise Dh23,000. “I still need Dh177,000. How can I get that?”
Shah, whose employer did not fire him, said he lives in fear of being taken back to jail.
“I have a two-year-old daughter and I support my elderly parents in Pakistan. If I go to jail what will happen to them? How will they survive?” he said.
Although Shah’s case is not unusual, most similar incidents are resolved by an insurance company, said lawyer Hani Al Jasmi. “In 90 to 95 per cent [of cases] it is the insurance company that pays and rarely is it the individual.”
But this occurs only if the individual had not committed any offence and had followed safety regulations.
“If an employer has failed to offer his employees the proper safety gear and as a result an employee dies while performing his job, then the insurance company is not responsible for paying the blood money.”
The same applies for traffic accidents, Mr Al Jasmi said.
“If an individual was driving above the speed limit or intoxicated and as a result accidentally hit and killed a pedestrian, then they themselves and not their insurance will have to pay the blood money.”
Amin Sharifi accidentally ran over and killed a pedestrian who was crossing a road last year. He was not speeding but his car insurance had expired.
The Iranian, who was born and raised in Dubai, was arrested and jailed for two months.
“While I was in jail the prisoners advised me to stay in until I get a pardon, but I saw the toll it took on my mother. She got sicker each day and my father is 77. I was so worried that he would die of grief.”
Every year on occasions such as Ramadan, Eid and National Day, the Government pardons hundreds of prisoners and pays off blood money and debts allowing for their immediate release.
The 24-year-old could not wait and pleaded with the court for his release. It was granted on condition he pay Dh200,000 in blood money to the victim’s family. His passport was also held.
“I feel guilty that a man died at my hands but I don’t know what I did wrong,” Sharifi said.
“I wasn’t on drugs, I wasn’t speeding, I didn’t cross a red light. I didn’t break any laws, but it’s my fate I guess.
“I am responsible for another man’s death. I took him from his family – his children, if he has any kids, or a wife.”
Sharifi said he was unable to pay the blood money and needs his passport to find a job that will help him to raise the amount. He has so far has raised Dh33,000 from charity donations.
The threat of a return to prison is a constant for Sharifi and Shah.
“No one will hire us when they find out that we have a case against us, so how do we pay it off?” they said.
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salnuwais@thenational.ae