- Legal Articles
- Ask Elhais
May 16, 2017|
Prosecutors say the three-year prison sentence handed to a mother who tortured and killed her 14-month-old son was too lenient.
On Sunday, the Emirati mother, 33, was jailed for stamping on her son's stomach so hard that he died in hospital in July last year.
Witnesses, including the woman's maid and her sister, said it was not the first time the woman had been violent towards the child.
Mohammed Rustom, Dubai advocate general and head of family and juveniles prosecution, said his department would seek a harsher sentence.
The case also raised questions about whether the private hospital that treated the boy for injuries several times should be charged under the Child Protection Law, informally known as Wadeema's Law, which came into force last June.
Court records show that a police report was lodged on July 16 last year, the same day the child died after being treated in the hospital over a period of nearly five months. But the court was privy to a report issued by the public Latifa Hospital on April 1 last year, which ruled that the boy had not been assaulted.
Legal consultant Magdy Elbery said that under the Penal Code a medical practitioner found guilty of not reporting signs of assault that led to injury or death could face at least a year in jail and a minimum fine of Dh20,000.
"Even before Wadeema's Law came into effect it was binding by law to report such cases," Mr Elbery said. "The doctor who checked the child should have reported the case from the baby's first visit."
Hassan Elhais, of Al Rowaad Advocates and Legal Consultants, said that the Child Protection Law prohibited subjecting a child to torture, physical assault or cruelty.
Anyone found guilty of such acts faced imprisonment, a minimum fine of Dh50,000, or both.
"Every person must inform child protection specialists or child protection units if there was any threat to the child's physical, psychological, moral or mental health, as per article 42 from the same law," Dr Elhais said.
Reporting child abuse is also obligatory for educators, doctors, social workers or others who have undertaken to care for or educate children.
The private hospital declined to comment.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.