Top Court Overturns Death Sentence in Murder Case, Orders Fresh Appeal Hearing

The UAE Federal Supreme Court has overturned an appellate court ruling that upheld a death sentence against a man convicted of murdering a woman with scissors and attempting to kill another person, ruling that his right to a fair defence had not been fully protected.

The country’s highest judicial authority referred the case back to the Court of Appeal for a fresh review before a different panel of judges after finding that the appellate court had failed to properly examine and respond to key arguments raised by the defence.

According to court documents, the Public Prosecution charged the defendant with three offences, including premeditated murder. Prosecutors alleged that he planned the attack by purchasing a pair of sharp scissors, hiding the weapon and waiting until he was alone with the victim in the stairwell of their residential building, which led to the rooftop.

The defendant was accused of repeatedly stabbing the woman, causing injuries that resulted in her death. He was also charged with attempting to murder another man by stabbing him several times with a sharp object. The second victim survived after receiving medical treatment.

A third charge involved an alleged illicit relationship with the deceased woman, although the trial court later modified the legal classification of that offence.

The Court of First Instance unanimously sentenced the defendant to death by qisas for the murder charge, life imprisonment for attempted murder and one month in prison for the third offence. It also ordered the confiscation of the scissors used in the crime, imposed legal costs and ruled that the defendant be deported after completing his sentence.

Both the defendant and the Public Prosecution challenged the judgment before the Court of Appeal. However, the appellate court unanimously upheld the original ruling, confirming the death sentence, life imprisonment, additional jail term, confiscation order, court fees and deportation decision.

The defendant subsequently appealed before the Federal Supreme Court, arguing that he did not have the intention to kill. He requested a psychiatric assessment to determine his mental condition at the time of the incident, claimed that he had acted under provocation and sought a reclassification of the charges, arguing that the elements required to establish premeditated murder had not been proven.

The Federal Supreme Court found that the Court of Appeal had failed to address these defence requests or provide sufficient reasons for rejecting them, despite their potential impact on the outcome of the case.

The court reiterated that under Article 253 of the Criminal Procedure Law, every death sentence is subject to automatic review by the Federal Supreme Court before execution. It stressed that protecting the right to defence requires courts not only to hear an accused person’s submissions but also to consider and decide on substantial arguments and requests that could influence the verdict.

Concluding that these requirements had not been fulfilled, the Federal Supreme Court annulled the appellate judgment and sent the case back to the Court of Appeal for reconsideration before a different judicial panel.