Police have forwarded a case against the driver of a quad-bike that crashed and killed two passengers on Kuredu Island Resort to the Prosecutor General (PG)’s office.
The recently-married British couple from West Yorkshire, Emma and Jonathan Gray, were riding on the quad-bike as passengers when it collided with a tree around 4:00am on August 6, 2011. The pair had been married for just seven days and had a six-month old son, Jake.
Police subsequently identified the driver as 23 year-old Swedish national Filip Eugen Petre, the son of a shareholder of the company that operates the resort, who was employed by the company as a trainee guest relations officer.
Petre, who was injured in the crash, was charged under section 88 (d) of the penal code, Police Sub-Inspector Hassan Haneef told Minivan News today. He confirmed that Petre was in the Maldives and was free to move about, “although his passport has been retained.”
The section cited broadly refers to “Disobedience to order authorised by Sharia or law”. Article (d) reads that “Where such disobedience resulted in the death of a person the offender shall be subjected to punishment described by Islamic Law.”
UK media reporting the charges have noted that the maximum extent of these punishments include the death penalty, however while this sentence is still given by the courts it is usually commuted to up to 25 years imprisonment and was last implemented in 1953: Hakim Didi, by firing squad, on charges of practicing black magic.
Several MPs in parliament, including Jumhoree Party (JP) MP Ibrahim Muthalib and Maldivian Democratic Party (MDP) MP Ahmed Rasheed have previously submitted amendments to the relevant Clemency Act demanding that such sentences be carried out if upheld at Supreme Court level, however they have not been passed.
The prospect of Petre facing such a penalty was “shocking. It’s absolutely horrendous,” Jonathan’s mother Cath Davies told the Halifax Courier.
“We never expected there to be an outcome like this. It’s good they have dealt with it. It’s great they have investigated it properly. But I wouldn’t want it to be carried out. It’s not going to bring Jay and Emma back. It’s not going to make us feel any better. It doesn’t seem right. I just find it quite abhorrent,” she told the paper.
“It’s not like he set out to maliciously hurt or kill them. He never intended it. What happened was a tragic accident and not the result of wilful or malicious intention.”
Hearing of the charges had “brought back all the events that happened and what we have gone through since,” she said.
“We don’t want to keep revisiting these things. We want to move on and we want to remember Jay and Emma for the lovely couple they were and not always being brought back to the tragic event that ended their lives,” she said.
Following the incident in 2011, Filip’s father Lars Petre provided a statement to Minivan News in which he described the accident as “by far the most tragic event in my life, and words cannot describe how saddened we are. I and my family are deeply concerned with errors on some of the media reports and we are also deeply saddened by some accusations made at my son.”
“My son Filip Petre (23 years) was taking the two guests home, to the other side of the island, when he experienced some difficulties with the bike, and crashed headlong into a tree on the road. The crash took two lives and badly injured my son.
“He fell unconscious with the crash and woke up some time later to find the two deceased also lying on the road. He immediately called for help and worked alongside with the doctor who arrived to try and save the victims of the crash, while he was bleeding himself.
“The quad bike which my son was driving was registered and my son Filip is licensed to drive such vehicles. My son Filip and his brother Tom (who was the first to arrive at the scene of the accident with the doctor), the management and staff of Kuredhu have been cooperating with the police investigation fully, and I give every assurance that they will continue to do so in the future.
“We understand the grief of the families who lost their loved ones in the accident, and we also respect the duty of the Maldives Police Service to investigate the matter. However the fact remains that what happened on August 6 is an accident, a very tragic fatal event, which my son no anyone else had the power to change.”
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If its an accident Filip shouldnt be charged under section 88 (d) of the penal code.....Filip had no intentions or plans to kill the couple...... The courts should reconsider Its sentence!!
While it may be an accident, it was caused probably because the driver was intoxicated.
The whole article is based on speculation & presumptions..
Oh dear - get the PENAL CODE passed by Parliamnent - the reason why it has been sitting in the Parliament is coz Nasheed's government (after trying very hard) could not get the support it wanted from then Opposition MP's (DRP/PPM MP's)...
It's manslaughter ofcourse, but according to sharia law, the family of the victims has the right to take that man's life.
If these charges are pressed, according to procedure it's the victims Family is informed, and they would make a decision.
But as the article said, it's been a long time since anyone is executed here, Good for you Petre
Hi, I am a Maldivian and i had a friend who had the same type or worse accident in Male' (The Capital City).
He was driving a a motor bike at a speed of 80km/h in the last evening for fun... and he got hit on a another motorbike at the speed of 80km/h. Both motorbikes were occupied with 2 passengers, all of them them got unconscious at the time of accident and work up in IGMH hospital. making the story short, My friend and the guy with him survive the accident and the but unfortunately other bike driver died in the hospital. The girl which was with him at the time of accident survive with lots of injuries including loss of her upper 4 teeth's.
Now, here we have a 2 case.
1. An Accident which happen because the driver by purposely drove his bike at a very high speed for FUN! In Maldives as per law Motorbikes are allowed to drive at a speed of 25km/h while he drove at 80km/h.
Sentence.
He got a sentence of 8 months abandonment on a local island and the government hold his licence 10 years.
2.This is a accident which happen while he was trying to help or offered a gesture to a customer.
here is the point.
a. he did not drove his bike for FUN!
b. he did not drove at the speed of 80km/h
c. he was trying to do his job.
So, i don't understand how can the government can charge such a penalty to this case?
An accident could happen to anybody at anytime....
Please, people here we are talking about a young 23year old...do anybody want a 23 old to serve 25years jail sentence for a accident which happen without his power? I know that some people were saying that he was intoxicated, however the other 2 passengers had the right to refuse his offer to drop them to their room.
It dosen't matter if he was the owners son and if he was intoxicated. The fact is its a accident and it could have happen to any body...it was NOT by purpose. That's why it was called a accident.
I will be more than happy if the young couple can be return back to earth if Philip gets a 25years jail sentence. But unfortunately it will not happen.
I think Philip, should provide the baby all the financial support he need for the rest of his life. Which means is, the baby should get the best of best at all times regardless of how much it cost. For the baby, he lost most important 2 people in his life. Philip Family and Emma and Jonathan Gray families should sit down together and come to a some kind of agreement how to continue n the future....
I am deeply sadden to Emma and Jonathan Gray family and for the loss that they have in the family. Also i feel sad to Filip Petre and his family for the situation that you are in and difficult time that they will have in future.
Under Nasheed, common sense and compassion could be considered along Western values. May God, Allah or whoever help him!
Jonathan's mother has been badly misinformed. Even though, technically, Petre could face the death penalty, that has not been practised here for 59 years. Moreover, under Sharia Law, the victims' families have a say in whether Petre will eventually be executed or not, if it came to that.
The last executions in the United Kingdom, by hanging, took place in 1964, whereas the last execution in the Maldives took place in 1953. Alas, hard facts don't matter much do they? Sensationalism always wins the day.
Not so simple ......you shouldn't ever express your own sentences based on nothing. You were not there and you don't know anything about this tragic accident, in doing so you just act like to estinguish fire with gasoline if you understand what I do mean. In such cases The best thing to do is the SILENCE. Suppose that this boy would be your son....you would still express yourself in that same water? Don't leave your intelligence behind......
Sorry read well.....last line please read way instead of water
Section 88(d) of the Penal Code? we dont have a better law than that stone age crap? why cant the MPs pass the new Penal Code that has been in the Parliament for more than three years now?
I agree with Ahmed bin Addu bin Suvadheeb. Sensationalism is the most powerful tool of the media. No one needs to be worried that Petre would be subjected to capital punishment. As has rightly been pointed out, the maximum sentence given is the 25 years imprisonment which counts as a life sentence. But it is doubtful that he would receive such a sentence. Whether it was a tragic accident and he had no intention to cause it, intoxication would be a relevant factor taken into consideration to charge him, as it is anywhere in the western world for offences causing serious bodily harm. This is not a case out of the extraordinary, so please do not try to sensationalize it any further. As for the Penal Code, the government who ruled for 30 years and the one that came after it which ruled for 3 years was unable to bring about the most important piece of legislation that a country needs to guarantee the safety of its people. Almost every criminal act is charged under s 88 (d) of the Code…some of the supposedly criminal acts that have been charged under this section are really silly. The MPs whom we have elected to make laws so that the society may function in a civilized manner, are the most uncivilized of peoples..the only work that they do in the parliament is to enact legislations that entitle them for higher wages and allowances. These MPs do not possess the personal integrity to put the nation before partisan politics! I wonder when we will ever be able to see a proper criminal code.
The German who killed his girl friend in Maldives was found guilty of murder and sentenced to confinement on a Maldivian island for 25 years. He married a local girl from the island and now have a lovely family.
Good news for Petre?
People holidaying in the Maldives must be made aware of your primitive sharia based laws at the time of booking.....clearly laws drawn up fourteen centuries ago have no relevance in the modern world.....25 years banged up in the Maldives?.....the death penalty sounds more humane by comparison!!
The fact that this incident was a 'tragic accident' and not 'a premeditated' crime' does not seem to matter in sharia law.....thank Rama (oops, sorry) we have civilised laws in India.
@think
I understand your feelings........As you said it was an accident, it doesnt require such a harsh punishment for your 23 year old friend.... Accidents are not pre - planned prior to its occurrence.