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29 March 2024

Can simple pest control land you in jail?

Published
By Mohamed El Sadafy and Sneha May Francis

Use of banned pesticides to clean your apartment could land you in prison if it causes harm to someone.

According to Ahmed Ibrahim Saif, former chief justice of Dubai Criminal Court, causing harm by using banned pesticide is a punishable offence under Article 342 of the UAE Federal Law.

“If a person uses banned pesticides, and his actions cause harm to another human being, intentional or otherwise, he is liable for punishment,” he explained. “It could be a jail term or a fine, and the punishment will be awarded by the judge.”

The punishment, he adds, “is not less than one year plus fine” if the accused proves his actions were accidental.

However, if the accused shows no remorse and causes the death of three or more, then the punishment is “not more than five years, and not less than two years, plus fine”.

Ahmed adds that if the accused didn’t help the victim, then the punishment will be “not more than seven years, and not less than three years”.

Talking about the recent pesticide poisoning case that lead to two deaths, Ahmed says that it is difficult to determine the punishment as the investigation is ongoing.

“A decision can be made only after the public prosecution completes the investigation, and it is determined beyond doubt that it is the use of the banned pesticide that led to the deaths.”

The former chief justice also informed that the family of the victim can file a civil case to get compensation.

Just a few days ago two residents died after inhaling poisonous gas that emanated through their apartment’s a/c duct. Their neighbour had used the banned pesticide – Aluminium Phosphine – to clean his home and left the building without informing his neighbours.

The group of six Filipinos were rushed to Zulekha hospital after they complained of continuous bouts of vomiting and extreme nausea.

A distress call made by one of the harmed lead a medical team to their rescue. While all the six residents were given medical aid, only four survived the ordeal.

The Dubai Municipality team, which was part of the initial investigation into the incident, confirmed that the death was caused due to the banned chemicals.

Khalid Sharif Al Awadhi, Executive Director of Food Control Department at Dubai Municipality, told this website that their team were quick to link the death with the banned substance and not food poisoning.

“Dubai Police and a team from the food control and pest control department of public health reached the spot to conduct a thorough investigation of the case,” he said.

“After extensive work, we can inform that the man died from exposure to the highly toxic fumes [that] emanated from the banned Aluminium Phosphide,” he added, concluding, “The fumes travelled from one apartment to another through the A/C ducts.”

According to Dubai Police, the tenant of the flat and three men, who sold him the substance, have been arrested.

(Home page image courtesy Shutterstock)