Dubai: The lawyers of the Omani bus driver, who rammed the vehicle into a height barrier in Dubai that killed 17 people including 12 Indians, have told a UAE court that the restriction bar violated the GCC safety guidelines.

Twelve Indians were among the 17 people killed in the horrific bus accident on June 7 when the bus, coming from Oman, wrongly entered a road not designated for buses and crashed into a height barrier that cut the left side of the bus and killed passengers sitting on that side.

The other deceased include two Pakistanis, one Omani and one Filipina.

Mohammad Al Tamimi, one of the two lawyers representing the driver, told the Dubai Traffic Court that the distance between the warning signboard and the height barrier was only 12 metres, the Gulf News reported Tuesday.

The mistake is in the place of the height barrier according to the pictures in the accident scene. The Gulf Cooperation Council (GCC) guideline for positioning advance warning signs states that if the road's speed limit is 60km/h, then the distance between the signboard or height restriction chain and the height barrier should be 60 metres, not 12 metres in our case, Al Tamimi told the court.

According to Traffic Prosecution, the speed limit on that road is 40 km/h.

The Dubai Police blamed the 53-year-old Omani driver, who was moderately injured, for the accident, saying "at times a small mistake or negligence can lead to adverse consequences".

It was too short a distance to stop the vehicle. It is not the defendant's mistake and not his negligence. Putting the height barrier in a wrong place caused the accident, Al Tamimi said.

Al Tamimi claimed there is no proof that the defendant was driving the bus at 94kph when the crash happened.

He asked the court to assign a specialised engineer from the Roads and Transport Authority (RTA) to inspect the crash site and make a report of the positioning of warning signboards and the height barrier, the report said.

Meanwhile, the second defence lawyer Mohammed Al Sabri accused the RTA of eight mistakes found by a report prepared by the company that owns the bus.

He submitted a copy of the report to the court and requested the appointment of an expert to examine the accident location and check if the mistakes were committed by the RTA.

The reason behind the accident was the solid height barrier and its positioning. The sun at the time of the accident [5pm] blurred the signboards to the driver. The confession of the driver is not enough to convict him, Al Sabri told the judge.

Last week, prosecutor Salah Bu Farousha Al Felasi, director of Traffic Prosecution, said the driver couldn't follow the signboards as the sun shade had obstructed his view.

He admitted to lowering the sun shade and didn't notice the signboards or warning signs, despite having used the road several times before the accident, said Al Felasi.

His reckless driving, not paying attention to the road and his speeding, caused the disaster, he added.

The verdict in the case is expected on July 11, while the defendant will remain under police custody.

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Congress MP K. C. Venugopal on Monday raised concerns over the election schedule announced by the Election Commission of India for the upcoming Kerala Assembly election, questioning the timing of the poll dates and alleging that the schedule leaves limited time for campaigning.

Speaking to news agency ANI in Delhi after the poll panel announced elections in five states and Union Territories, Venugopal said that the Congress and the United Democratic Front (UDF) are fully prepared for the elections and confident of victory. At the same time, he questioned the pattern of dates announced by the Election Commission.

“We are fully prepared, we are going to win the elections... You can see how the Election Commission has set the dates. The first phase of elections is on the 9th, nominations are due until the 23rd, scrutiny is on the 24th, nominations can be withdrawn until the 26th, and after that, there are 11 days for campaigning,” he said.

“As for Kerala, there is Easter and Good Friday in the first week...The Election Commission could have announced the dates earlier... The counting date is on May 4th, so what was the point of holding elections in Kerala so early? What is their intention behind holding elections on the same day in Kerala, Puducherry, and Assam?... We are confident that we will win, but the people of the country are seeing the biased attitude of the Election Commission...,” he added.

He further stated that his party was ready for elections irrespective of the dates announced by the poll body.

“We are going to win the election. India's strategy has been set up. And we are all ready for winning this election. But one thing as far as declaring election, even though they are giving only for five days, we are going to win the election. We have no problem,” he said.

Detailing the poll schedule while questioning the time available for campaigning, he stated, “but you can see the pattern of date which the election commission announced. Yesterday they declared election, and today they notified us. The first phase of election on April 9th, filing of nomination will be over on the 23rd of this month, 24th scrutiny, 26th withdrawal of nomination. After 26, four plus seven, 11 days campaign.”

“As far as Kerala is concerned, April first week is a holy week. The holiday week means, Good Friday is there. Nobody will do anything on Good Friday. Easter is the big festival. These festivals are natural, you have to see that. Among the 11 days, working days, two, three days will go for holidays. Then hardly seven, eight days for campaigning in this election for candidates,” the Congress MP questioned.

The Congress leader said the Election Commission could have announced the dates earlier if there was a need for an early election schedule.

Questioning the urgency behind placing Kerala in the first phase of polling, he added that the counting date is much later.

“Which is the date of counting? Fourth May. Then what is the urgency of putting Kerala in the first phase without giving sufficient time for candidates? And putting Kerala, Puducherry, Assam together, what is the intention behind that?” Venugopal questioned.

He also alleged that the Election Commission was not functioning as a neutral institution.

“The Election commission is completely losing that capacity as a neutral player. You can see 14 of our prime minister's programs over and on the 15th they announce the election, 16th notification comes,” he said.

Venugopal further stated that such tactics would not affect the Congress’ prospects in the election.

“They think that this type of techniques and tactics, because of these techniques and tactics, UDF is going to lose, and Congress is going to lose. This is their complete dream only. This is not going to happen. We are very much confident at any cost, whether they are not giving any time also, we are going to win the election,” he said.

“But the people of India are watching this. The tricks of the election commission. To restrict the campaign, people of India are watching. This I want to bring into the notice of the nation. That's all,” Venugopal said.

The Election Commission of India on Sunday announced the schedule for the Kerala Assembly election. Polling in the state will be held in a single phase on April 9 while the counting of votes is scheduled to take place on May 4.