DOHA: The family of the schoolboy who spent four days in judicial custody in a juvenile remand home last week accused of slapping a female teacher, should have sought anticipatory bail for their son, says a prominent lawyer.
The court could have granted the bail against financial surety or a written undertaking furnished by the family of the accused since the charges weren’t heinous, said Yusuf Al Zaman.
Sometimes the court is simply satisfied with the residential address of an accused and provides anticipatory bail in offences that aren’t very serious, he told this newspaper yesterday.
Al Zaman was highly critical of the prosecution and said the boy shouldn’t have been detained in a juvenile remand home for four days as the charges against him were not heinous.
“There was actually no need for seeking judicial remand for the boy,” he said. Qatar’s criminal procedure code makes it very clear that police or judicial remand is not for punishing an accused.
Remand is sought when those investigating a crime suspect that the accused might tamper with or destroy evidence or flee the country, said the lawyer.
In the case of the schoolboy, aside from the fact that his alleged delinquency wasn’t serious, he had no evidence to destroy or tamper with and he couldn’t even run away.
The investigators could have instead sought a written undertaking from his family that whenever they needed the boy he would be presented, said Al Zaman. “Keeping the boy in remand home for four days amounted to punishing him.”
Asked what in his view could the punishment be if the boy was found guilty, the lawyer said it was difficult to hazard a guess as it would depend on the court’s assessment of the case.
“In such cases, however, the court normally issues a stern warning and gives some advice,” said Al Zaman.
Replying to a question, he added that a school has its own regulations and the matter should have been amicably resolved taking the teacher and the boy’s parents into confidence.
Resorting to legal action should have been the last option of the school administration.
Public opinion builder and newspaper columnist, Faisal Al Marzooki, meanwhile, blasted the school and education sector regulator, the Supreme Education Council (SEC) on the issue, saying the move to refer the boy to the prosecution exposes their weakness.
“The school should have resolved the issue internally and if it found it difficult to do that, it would have referred the matter to the SEC. Both the school and the SEC looked for a shortcut,” he told this newspaper.
“I blame the school and the SEC straightaway. Referring the boy to the prosecution can spoil his future. It would have a negative impact on him,” said Al Marzooki.
The boy’s exposure to the police, prosecution and the remand home might wipe out his fear of the law which might turn him into a delinquent. Schools’ disciplinary regulations are weak. They are not effective anymore in disciplining students and that explains why they are referring such matters to the police, he said.
Responding to a question, Al Marzooki said some families don’t respect teachers and that reflects on their children’s attitude as well. Teachers were feared in Qatar earlier because they could severely punish an erring student.
Prominent psychologist Dr Moza Al Malki was also highly critical of the school and said it shouldn’t have referred the matter to the prosecution.
The school administration could have looked into the issue, she told this newspaper.
Sociologists should study the family circumstances of the boy while psychologists should focus on his behaviour. Such behavior is rooted in family circumstances, Al Malki said.
The responsibility of a child’s behavior primarily lies with his mother, she said.
According to Al Malki, school boys and girls of that age should not be made to sit in the classroom for longer hours as that can make them unhappy. They should rather be allowed breaks for play.
She said she calls on the school to withdraw the complaint against the boy and take disciplinary action internally.
Asked for comment, Al Zaman said Qatar’s laws permit the school to withdraw its complaint if it wishes to. The Peninsula
