`Blood cash or jail' for woman in jetski crash woman

WHAT SHOULD have been a relaxing break - nine days in the sunshine of Dubai, taking in the sights - has become a trauma for Kathleen Morgan.

The mother of three has been charged in the Gulf state over a jetski accident in which a Russian tourist died. If found guilty by a Sharia court next Sunday, she will face a lengthy jail term or be forced to pay pounds 25,000 in "blood money" to the victim's family.

The incident happened on 9 April while Mrs Morgan, 37, was visiting her sister, Maria, whose partner works in Dubai. She hired a jetski and, with Maria riding pillion, headed off across a wide creek, in what her lawyers say was a straight line in accordance with other maritime traffic.

Within minutes, however, there had been a devastating collision with another jetskier, Mikhail Malenkov, 30, who, the women claim, was travelling diagonally in the wrong direction. When the engines stopped roaring and silence fell upon the scene, Mr Malenkov was dead, killed instantly from head injuries. Mrs Morgan had a broken arm and chipped teeth.

"The shock to Kathleen was devastating," said her cousin, Isabel Kendrick. "She was distraught that someone had been killed. They had to sedate her, she was just so upset."

Worse was to come, however, because after a police inquiry, she was charged with "killing without intent", the equivalent in Sharia law of manslaughter. Still in shock and suffering from her injuries, Mrs Morgan had her passport confiscated and was faced with the prospect of being thrown into jail pending trial unless she could raise bail of pounds 30,000.

"We got the money together, but it's wiped a lot of us out," Mrs Kendrick said. "If Kathleen is found guilty, we assume the bail money will transfer over and become the diya money. That will be all our savings."

In Islamic Sharia law, diya or "blood money" can be paid to the family of a victim to allow the victim's killer to go free. The last British people to pay blood money were the nurses Deborah Parry and Lucille McLauchlan. They were found guilty of murdering Yvonne Gilford, a fellow nurse in Saudi Arabia in December 1996 and were freed after agreeing to pay $1.2m (pounds 730,000) to her brother, Frank.

Yesterday, Mrs Morgan appeared in court for the first time and was told that the case would be adjourned for a decision for one week.

As part of an appeal for a speedy resolution, her lawyer, Michel Chalhoub, showed Judge Faud Hamdoun a picture of her children, Alastair, nine, Jonathan, seven, and Nicholas, five. The adjournment was, according to Mr Chalhoub, a positive sign. "This is very good news," he said. "The prosecution did not come up with anything new."

In the meantime, Mrs Morgan, an office worker from Welwyn Garden City, Hertfordshire, is staying with relatives and praying Judge Faud will not jail her for the terrible outcome of a tragic accident.

Her ordeal is being made more bearable by her sons, who are spending a week with her. However, she is having difficulty explaining her situation to them.

She cannot discuss details of the case, but after yesterday's hearing, she said: "I've explained that Mummy can't leave the country because she doesn't have a passport at the moment. And I've told them that Mummy didn't do anything wrong and that I just need to tell the judge exactly what happened."

Mrs Kendrick has been amazed by her cousin's fortitude. "It has taken a terrible toll on her but she is growing stronger now," said Mrs Kendrick. "She went for a holiday because she had had a difficult time in her private life and needed the rest. We thought it would be just the break she needed, but it has all gone horribly wrong.

"She had ridden a jetski before and so knew how to handle one - and she would never do anything irresponsible. We are praying that the judge sees it that way. We just want her to come home."

The family has already spent more than pounds 20,000 on Mrs Morgan's defence, while friends and neighbours have been trying to help with a "Get Kathy Home Fund".

If she loses the case, she can appeal up to the Court of Cassation. If she wins, prosecutors have 15 days to appeal against an acquittal. And she must remain in Dubai until that time has elapsed and her passport is returned, a reminder of the worst holiday of her life.