Judge rules out jail time for defendants over deadly Villaggio Mall blaze
A Qatari judge has ruled that no one will serve time in prison for the May, 2012 Villaggio mall fire that left 19 dead, including children.
The Court of Appeal, however, ordered the five defendants to pay compensation to the victims' families in the form of ‘blood money,’ as laid down under Islamic law.
Many of the 13 children, who were at Gympanzee daycare, suffocated after a blaze broke out at a nearby Nike sports store, caused by faulty wiring.
They included two-year-old triplets from New Zealand. Children from France, Spain and Japan also perished as did teachers from the Philippines and South Africa.
Two firefighters were also among the dead.
Last October, the defendants successfully overturned an involuntary manslaughter conviction handed down in 2013 by a criminal court.
A fifth defendant was given a one-year suspended sentence.
Courtesy: gulf-times.com
There seems to have been a culture of negligence, the combined negligence of a number of people caused the tragedy. A lot of things went wrong and a lot of people contributed to the tragedy.
There was a fire because someone installed faulty wiring or someone damaged the wiring after it was installed. This was part of the cause, but this alone should not have caused a tragedy.
Child care centres are required to be on the ground floor so that kids can be evacuated safety - this is written in to building codes but is routinely ignored in the Middle East. I've seen several on upper floors, perhaps operators build these facilities without getting the proper building permits.
The sprinkler system failed to operate. Someone is at fault here for installing it incorrectly or failing to maintain it or turning it off.
And finally stairs collapsed - it's not clear why, maybe inadequate design or construction.
It's rather barbaric how people bring up religion to every matter. Some people had been blindfolded and could not differentiate natural death from humanly caused death. They come out to say Everybody has to go, today or tomorrow "Everybody has to go, today or tomorrow". God never destined any human to die young or mysteriously. When someone dies out of negligence, blame it on individuals and don't bring up about Godly words as a backup.
The more you bring up religion backups to every issue, the more mistakes you are liable to quote and consequently sins.
Religion should not have a bearing on this topic
Tarui: Inadvertantly Khan does more to damage the image of Islam than enhance it
//Mufti, You already have it , in your next vacation ....//
MM..i am unmarried, just 26 years old.
//explore the country side to get first hand pic of this reality ............. where gents play cards & women walk & carry pitchers for 2 kilometres for drinking water //
As usual an absurd analogy.
As per shariah, the acceptance of blood money is from the relatives of the deceased as quoted by Mufti Shahid. In this case, i assume the acceptance of relatives are already there before the decision.
@ Khan, kindly avoid quoting shairah if you cant explain it properly. It is a sin misguiding people over the name of Islam. I advise you to stick to copy pasting google search results instead of using your head coz u will only end up making some stupid underwear theory.
Dear All
I summarize my opinions below:
1) The owner need not be punished. However he is liable to pay the victims parents the Blood Money not because he is wrong but because has paid for insurance & the insurance shall pay for the unexpected event.
2) The parents are not to be blamed. All parents want the best for their children. They are not responsible for any negligence.
3) As for the dead children, my sympathy is with the Family of the children . Of course the loss is irrepairable. But one should understand that we are just visitors in this world. Everything belongs to God. We belong to God and to God is the final destination. Everybody has to go, today or tomorrow. We never existed before 100 years nor will exist after 100 years. If you consider that you sleep 8 hours a day, it is one third of the day and calculation for the whole life it will be one third of a person’s age. Hence there is no time to waste time in vain talks and disputes. Help the poor and do good to your parents and be thankful to God, He gave you free, the air you breathe, the water you drink, fruits and vegetables, most importantly your Life for free. Our life is a continuous exam until we meet God and it is when he will question you for your time, youth , money , actions etc . People reject God but can they escape Death? . Don’t forget you are nearing your death every second.All Mankind have a common origin..a same father and same mother. If people realize this people will love each other never fight each other.
Do you know that the same person and his wife is mentioned in Holy books of Hindus, Muslims, Jews and Christians. Here its is …
He is called Brahma by Hindus, Muslims call him iBrahim, Jews and Christians call him aBraham . His wife is called SARA by Muslims, Christians and Jews and interestingly SARAswati by Hindus .
You can see these two words Brahm & SARA repeating in all of them.
Allah is not the God of Muslims only but Allah is the God of all people whether they are Hindus, Muslims, Jews and Christians. Monotheism is present in all their Holy scriptures.
I was agree with KHAN in the earlier phase of comments but,
as britexpat said "in my opionion your analogy is not sound" to khan
i think khan should change his attitude, he can't impose his mentality or Philosophy to others
Mufti, You already have it , in your next vacation ........ explore the country side to get first hand pic of this reality ............. where gents play cards & women walk & carry pitchers for 2 kilometres for drinking water ........
How about reversing the trend. Let men manage kids and women go out to work.
Shuaib, For kids proper & balanced growth a real mom is the only person who is required to be around ..... ...... then be prepared for the teenagers who are wayward & 've no values at all ...............
Many mothers would most likely disagree with you MM.
Brit, After that, Men should involve more deeply in the kids upbringing. They should not create circumstances in the home that wife thinks it's automatic for her to go for a job even when the kid is 18 months old ! ...........
Lazy gents must find other venues to generate extra income than separating mom & kids .........
Moms should have the right to stay at home for 5 years after the birth ............. This will help to improve the kids situation a bit in my view ...............
i beleive in qatar court
like any elecronic device or any cable connected ..it have a short life time that will be end with the warranty period thats why the preventive maintenance should be in the
contract...but if there is no deal for the preventive maintenance then the owner reponsability to pay money blood for them.
Your point is valid .. However, in most caes we ask the person in charge about safety and go by his/her answer.
If I parent puts their child in a school and the headmaster says that proper safety measures are in place , then the parent doesn't go around checking ...
Anyway, what has happened has happened and we must all learn from this incident and ensure it does not happen again...
Brit, If everything at the place was not perfect it means parents too 've failed in their responsibility .......... to double check , have meets with the management , ask for if the safety measure are in the order ... ...... casual approach is very dangerous for anybody ....... we care more when choosing a flight for 5 - 6 hours but very less where our kids are to spend years .........
MM: I respect you, but please don't start daft arguments. If you dislike me or my writing , then that is fine.. But let's not get into silliness - especially in this topic...
You wish to discuss the topic, then I am always available.. If you want to make snide remarks, then go ahead, if it makes you feel good, but I will not answer any longer..
Brit, .............. You really surprised me ......
.......... how you very tactfully wanted to run off ...... !!
But KHAN got hold of you ........... !!
Aren't you feeling weak today without the false support of Zack, WT & Funa etc ...... ?
I'm sorry, but you shame yourself by digressing from the issue.
If you believe that justice has been done, then that is your right and I will support you.
And you didn't answer mine.. If you leave a gun out or a box of matches and a child takes them and burns the house or shoots someone - would you not take some of the blame ?
As for the underwear, I would say No.
However, in my opionion your analogy is not sound because if you read about the case, the firedoors were blocked and the license was issued improperly.
Let us agree to disagree.
I dont shame people...but people shame themselves. You didnot answer my question. I dont care if you feel disappointed when your decision is wrong. You first answer my question:
You left one of your underwear (because you have many and cannot wear them all together) in your house. Your servant takes the underwear and hangs your child and he dies. Do you have to go to jail because you are the owner of the underwear. Tell me.
Khan: I am disappointed in you. You portray yourself as a God fearing and good muslim.
Yet, you make fun of people when they disagree with your views.
I answered what i felt best. If you leave matches or a gun , then you are to blame. So getting into silliness regarding underwear should be beneath you.
Shame on you.
KAHN: proper investigations could reveal you intentionally left the underwear for the servant to hang the child. No one knows your mind but ONLY you
Britexpat answer my question below:
(Updated because people are acting too smart)
You left one of your underwear (because you have many and cannot wear them all together) in your house. Your servant takes the underwear and hangs your child and he dies. Do you have to go to jail because you are the owner of the underwear. Tell me.
You answer my question...dont beat around the bush and hijack with new topics
As an aside, Qatar's legal system is not purely Shariah law - It is a mixture - to serve the best needs of its peoples and community.
Britexpat answer my question below:
(Updated because people are acting too smart)
You left one of your underwear (because you have many and cannot wear them all together) in your house. Your servant takes the underwear and hangs your child and he dies. Do you have to go to jail because you are the owner of the underwear. Tell me.
//Also compensation shall be to the victims' families in the form of ‘blood money,’ as laid down under Islamic law will bring some relief atleast to the families .//
Khan.. Do you know blood money is paid only if it is accepted by relatives of deceased. However if they they choose to have the guilty punished,state is duty bound to carry out the punishment. And I see flaws in the judgement. If the owners are not guilty, then why to order the payment of blood money.
Very nice....Ha Ha Ha
You should be punished for not wearing the underwear..is that your answer
I already answered your question in my previous comment.
It is obvious we disagree - so let's leave it at that.
Britexpat answer my question below:
(Updated because people are acting smart)
You left your underwear in the your house. Your servant takes the underwear and hangs your child and he dies. Do you have to go to jail because you are the owner of the underwear. Tell me.
What we think does not happen ......... what's approved of the Almighty we can't escape from that order ..........
This tragedy will remain in everybody's memory, often we think these angle like little kids could have been saved ....... !!
How do we differentiate between voluntary and involuntary actions? Do anyone knows the actual intention of others? A police man shot a teenager three times and it was termed "accidental discharge" so it was involuntary.
At KHAN: In your analysis above, you might intentionally leave the hammer in secret collaboration with the servant to hit the child while you are away in order to establish your alibi.
To me, voluntary or involuntary actions depend on innermost intention of individuals.
Brit, We do that at every step of life ....... we choose the best / safe but still things go wrong ........ if we succeed then we consider ourselves wise but when we fail then only our eyes open & we regret ........ ...... for young kids open surroundings would have been the right choice .......... with free entry / exit ......... with a flowing fresh air or grassy grounds for example .........
My sympathy is with the Family of the children who died. Of course the loss is irrepairable. After all, we belong to God and to God everybody has to go, today or tomorrow. But there is no gain in punishing the owner or anybody by jail terms as he has no intention to kill. And by punishing the Owner, the dead child cannot be brought to life.
Also compensation shall be to the victims' families in the form of ‘blood money,’ as laid down under Islamic law will bring some relief atleast to the families .
Shuaib, You are right , our decisions are occasionally wrong ................ ..........
MM: I was only responding to your comment "Shuaib, Parents too must choose the safe place for their own kids .......... What do you say on it ?"
This implied that in this case the parents were also at fault
Brit, How can we say that ? .......... If we know in advance that there is a danger then nobody will go that way .............
I agree with britexpat, there is a certain amount of responsibility one has to assume when your actions/inaction's can cause harm to others.
MM: Every parent chooses a place that he/she deems safe for their kids.
Blood money is paid only when it is accepted by the relatives of deceased. However if they choose to have the guilty punished, then as per Hadud laws state is bound to carry out the punishment. The question is--did the relatives of deceased accept this form of settlement? There is nothing written about it.
MM: Are you suggesting that some of the fault lies with the parents in this case ?
Young ones need to be under their moms 24/7 care .......... money can't replace your own { parents } responsibility ......... it's risky to leave your kids away & you go earn double income .............
In my opinion , yes you deserve to be punished. You should not have left the hammer. Similarly , If you leave box of matches out in the open and a child starts a fire. Or you leave a loaded gun and someone shoots a person..
Would you disagree ?
Britexpat answer the question:
You left your hammer in the your house. Your servant takes the hammer and hits on the head of your child and he dies. Do you have to go to jail because you are the owner of the hammer. Tell me.
KHAN: Please don't bring religion into this conversation. We value your input, but I could cite examples of where Shariah has not been properly applied
WT, Please come forward & answer it .............. don't hide now .............
Islam donot punish the innocent. There may be other countries that follow Human made laws. Islam follows law of God & Qatar is Islamic Country.
Consider the following example.
You left your hammer in the your house. Your servant takes the hammer and hits on the head of your child and he dies. Do you have to go to jail because you are the owner of the hammer. Tell me.
Shuaib, Parents too must choose the safe place for their own kids .......... What do you say on it ? ......
I wouldn't say it was a good decision. The judgement delivered was in accordance with the law of the land. Yes, harsh punishment is never given in an involuntary manslaughter conviction. But the question is were there measures in place to combat such incidents? could lives have been saved if there was a proper fire/hazard risk assessment in place and quick measures to combat such freak accidents? If not then isn't it fair to punish the guilty party for negligence?
KHAN: So what you're saying is that the fault lies with the workers and the managers - not the owner, since he/she wasn't there.
WT, Cool down my pal cool down , give time to analyse what KHAN has said ............
If I was the judge, I will have given the same decision.
A good decision by Judge. An owner of any company should not be punished under involuntary manslaughter conviction. An owner, a man who had no intention to kill anybody should not be punished.
Justice has been served. Also compensation shall be to the victims' families in the form of ‘blood money,’ as laid down under Islamic law.
Justice has been served according to the laws of Qatar. Joys to everybody.
shuaibh: As per the law, due process was followed. As per The Gulf times:
A Qatari judge ruled on Monday that no one will serve time in prison for the May 2012 Villaggio mall fire that left 19 dead, including children, local media reported.
The Court of Appeal, however, ordered the five defendants to pay compensation to the victims' families in the form of "blood money", as laid down under Islamic law, according to the Doha News website.
Many of the 13 children, who were at Gympanzee daycare, suffocated after a blaze broke out at a nearby Nike sports store, caused by faulty wiring.
They included two-year-old triplets from New Zealand.
Children from France, Spain and Japan also perished as did teachers from the Philippines and South Africa.
Two firefighters were also among the dead.
Last October, the defendants successfully overturned an involuntary manslaughter conviction handed down in 2013 by a criminal court.
A fifth defendant was given a one-year suspended sentence, Doha News said.
Was there a complete investigation to ascertain the cause of the fire? Were the findings of the investigation made known to general public? I don't know about this as I wasn't in Doha then.
This type of negligence should be dealt with appropriately. The guilty party should be identified and brought to justice. Blood money is simply not enough!
Yeah, one has to write like MM. Joys to everybody.
Yes I was just about to comment and the post disappeared...
Perhaps they didn't like the wording you used :O)
Anyway, Is there another appeal process for the relatives, or is that the final sentence ?
I posted this yesterday, but it was deleted by the mods of QatarLiving. Strange, isn't it.
As expected, no proper justice in the whole scheme of things. Always wanting to let it just pass, here is some blood money for the troubles. This is what our lives are worth. Sad!
I suppose we were expecting this. Is this the last step of the process ?