A question of justice
I have been reading the comments posted by readers of this website regarding the death of Esther Wanjiru Mwikamba.
On Monday, a man was sentenced to three years in prison after being convicted of assault leading to death after he attacked Esther in Dubai, merely because she came to the aid of a friend who was being harassed.
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Asking questions should help balance the scales of justice
I am not surprised that some people are critical of the sentence, given that her attacker could have been jailed for up to 10 years. Many think he should have got even more than that.
Such reactions are often, although not always, based on the reader's expectation of what would have happened in their home country.
For instance, I am British and often surprised when someone is jailed for 10 years or life for crimes involving prescription drugs or hashish. These are also illegal in the UK, however the sentences are lower. Equally, bounced cheques and extramarital affairs are handled by civil courts in the UK rather than criminal ones.
Of course, a UAE national would be equally surprised to pick up an English newspaper and find that a drug dealer was sentenced to 100 hours of road sweeping or that a Premier League footballer could have his adulterous liaisons splashed across the front page and suffer little more than a slap on the wrist from his club.
Of course, you have abide by the laws of the land where you live, otherwise we would all be picking and choosing the ones that we wanted to obey and those that we don't. It would be chaos.
However, this does not mean we shouldn't question the laws. After all, this is how a country develops, by looking for weaknesses and addressing them.
A good example is the new child protection law that is going through government. It was identified that the current legislation is inadequate and something has been done to address that.
If no one had spoken up, more children would suffer the fate of eight-year-old Wadiyma - after whom the law has been nicknamed.
So, keep on expressing your views on the judicial system and the law, so that questions keep on being asked and UAE legislation, therefore, keeps on being strengthened.
Simon Pluckrose is Head of News at Al Sidra Media, which publishes 7DAYSinDubai.com, 7DAYSinAbuDhabi.com and 7DAYS
Comments
by Arnie
Thursday, July 12 2012, 1:57PM
“As with most people, I am also in shock and totally appalled by the sentence given in this case. I truly do not understand why this minor sentence was handed out but can only perceive that sentences are not applied equally in all cases. I will never critize the law of this country as I have the utmost of respect for the country, it's people and the Rulers, but merely wish that one day, sanity will prevail and that equal sentences will be considered for all persons irrespective of race, cultural background and/or religious beliefs. My personal condolences to Esther's family and my sincere parayers and wishes that their pain will ease and that proper justice will suffice in the end.”
by Anon2012
Tuesday, July 10 2012, 5:07PM
“I completely agree with noqturnal. The idea that this is a judicial matter is complete rubbish. As you say in your column, the maximum sentence is ten years. Even if we don't get into the fact that this is painfully lenient, the fact that it was NOT HANDED DOWN is the issue. People are kicking off because the maximum sentence was not delivered - why not? Did we miss some mitigating circumstances or key piece of defence testimony?? I don't think so. So why such a short jail term? ”
by noqturnal
Tuesday, July 10 2012, 11:33AM
“i competely disagree with your view ... its not a matter of looking at what the sentencing would be in our own country,but a matter of looking at the level of harm that was done.
In the case of Esther,she was helping her friend,she put hersef in dangerous to help her friend(which to be fair,most people wouldnt do due to fear of getting hurt themseves)now this sentencing will cause eve more chaos,people will aways be afraid to stand up for themseves or others beacause they know the law wil not stand by them either!
So Esther has passed away,there is no coming back from that,her family is devestated,her friend will feel guilt for the rest of her life. He gets three years(will prob be out in a year or so for good behaviour) for sexual harrasment and manslaughter. what kind of lesson does this teach to other drunken boys roaming the streets?
Someone being caught with the smallest amout of hashish in their pocket,that is obviously for own personal use, harms noone, he wouldve gone on with his day without harming or effecting anyone in the grand scale of things.and he gets 4 years or more (this doesnt make sense)
That is why people are raging, beacause it is not justice!!”