Defendants, who decapitated victim over brother’s death in Pakistan, to serve life sentence
Dubai: Two gardeners have lost their appeal and will serve a life sentence for beheading their countryman in a revenge killing after his brother murdered one of the farmers’ brothers over a land dispute in Pakistan.
The Pakistani families of one of the gardener and the co-worker victim had been in a land dispute that resulted in the co-worker’s brother killing the farmer’s brother.
Blinded by revenge, the 33-year-old Pakistani gardener, whose brother was killed in Pakistan, talked to his 32-year-old countryman gardener to help him get rid of the co-worker.
The two Gardners armed themselves with axes, blocked the way of the co-worker, who was riding his bicycle in The Meadows, and assaulted him until he died in December 2016.
In November, the Dubai Court of First Instance convicted the defendants of premeditated murder and sentenced them to life in jail.
The duo appealed their primary judgement and sought to have a reduced punishment before the Appeal Court.
Prosecutors also appealed the life sentence and asked the appellate court to stiffen it to a capital punishment.
The appellate presiding judge dismissed the defendant’s appeal and upheld their life jail terms although they had pleaded not guilty.
According to the appeal ruling, the defendants will be deported after serving their jail terms.
The defendants’ lawyer argued in the appeal court that the victim had been constantly provoking the 33-year-old defendant [brother of the person who was killed in Pakistan] and bragged about the brother’s murder in Pakistan.
“Following the funeral in Pakistan, my client returned to Dubai. Since they work in gardening in the same gated community in Dubai, they used to meet daily. My client repeatedly warned the victim to stop provoking him and boasting about the act of killing his brother. Despite having repeatedly warned the victim to stop inciting him, the 33-year-old defendant was under critical pressure which was aggravated by the victim’s insults and confrontational attitude when he hit him twice in the head and neck with an axe,” the lawyer defended in court.
A European resident was the first person to spot the victim’s partly decapitated body and informed the police about it.
The lawyer defended that the accused constantly tried to avoid the victim and evade his continuous provocations about the death of his brother in their country.
“For nearly 20 days, he did so, until he failed to control himself and prevent himself from killing the victim. The 33-year-old did not have a premeditated intention to kill the victim … he had not planned that and it was a moment of anger. Obviously, he constantly carried an axe due to the nature of his job. We ask the court to treat him with utmost leniency,” argued the lawyer.
The 32-year-old accused did not have any motive to kill the victim and did not participate in the murder, said the lawyer.
On-site investigation revealed that the victim had been revengefully attacked and murdered as he was hit on his head and neck.
Preliminary police investigation revealed that the two defendants went to Al Ain after the crime and attempted to flee to Oman from there.
The duo’s attempt to cross the border was foiled and they were apprehended and handed over to Dubai Police.
The appellate ruling remains subject to appeal before the Cassation Court.