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Killing fugitive: Court cancels acquittal of police officer

ManamaThe Supreme Appeals Court yesterday cancelled acquittal of a police officer accused of killing a fugitive, giving him a sentence of three-years in prison in the process. 

The officer was put on trial over accusations of opening fire on Fadhel Abbas Musalem, 20, who died after suffering gunshot wounds on his head on January 9, 2014. The cop was also charged of injuring another suspect during the same incident. 

The High Criminal Court had earlier acquitted the police officer of killing Musalem due to lack of proof, though he was sentenced to three months for the injuries he caused to the other suspect. The Special Investigation Unit had appealed the acquittal verdict. 

The 33-year-old Yemeni defendant had pleaded not guilty to all the charges against him, stating that he opened fire on the suspects after they ignored multiple calls to surrender. The incident happened while the police officers were tasked to thwart a terror plot that involved arms distribution.  

 According to court files, the officer told prosecutors: “I received instructions from my department to go and help a major-terrorism operation in the village of Al Markh where we were tasked to capture numerous wanted suspects who were attempting to distribute guns.”

“We were divided into two groups in order to raid a deserted building in which the operation was believed to take place,” he said.

The defendant, who is an anti-terrorism officer, added, “My group was tasked to capture four terrorists, and when we got the nod, we broke into the building. There were two suspects, and we aimed our guns at their legs as per the training we underwent. We ordered them to put their hands in the air. One of them responded, but the other who was facing me, refused.”

The officer added that he opened fire after the suspect moved his hand quickly towards his trouser pocket as if he was trying to draw out a gun.

“When we inspected their outfits we found nothing in them. The injured suspect was later transferred to hospital and we were ordered to take position in the deserted building,” he stated.

Musalem was shot to death after he tried to run over the police officers in a bid to murder them as the police were preparing to leave the area, court records pointed out. The prosecutors held the defendant responsible for his death.