Medical report on D’Souza siblings death filed
The Dubai Misdemeanour Court has finally received the medical file of the D'Souza siblings case in which the seven-year old sister and five-year old brother died on June 12, 2009 after allegedly consuming rotten food supplied by a restaurant.
The court received the medical report from Dubai Hospital after three adjournments. The case is now adjourned for review of the file as represented to the court by the defence lawyers.
The four accused – ETM, 46, from Iraq, a doctor from Dubai Hospital; TR, 25, Nepali, a cook; IS, 33, Filipino, in-charge of the kitchen; and Lotus Gardens Restaurant Company LLC – are on bail after being accused of mistakenly causing death of a person.
The file detailed the condition of Nathan, 5, and his sister Chelsea, 7, when they were rushed to the hospital for emergency. It also described the treatment given by doctor ETM, and the cause of death which happened on June 12, 2009.
The case is still pending in the court for a year-and-a-half since the death of the children. The deceased's parents had lodged a complaint with the police on the following day. Police finished their investigations in eight days and referred it to the Public Prosecution, which had initiated investigations and finished them after nine months.
The first hearing was on March 1, 2010. The defence lawyers have now asked the court for more time to review the medical report and prepare their defence.
The accused denied the charges in an earlier hearing.
According to the charge sheet, the cook is the prime accused and the in-charge of the kitchen is the second as they are staff of the restaurant where the family took their meal. The two accused and the restaurant company have violated the provisions of the public health regulations regarding food storage that resulted in the supply of rotten meal.
The doctor was accused of medical negligence.
The Misdemeanour Court Presided by Judge Jamal Mohammed Nooh Al Jubaili, adjourned the case until next month for the lawyers to review the medical report.