Appeals acquits three drugs death row suspects – Iranian’s death penalty overturned
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By Jaber Hamoud Al-Seyassah Staff KUWAIT CITY, Feb 21: The Criminal Court of Appeals chaired by Judge Najib Al-Mulla overturned the verdict of First Instance Court that sentenced three suspects accused of smuggling 40 kgs of hashish into Kuwait to death by hanging. The court discharged and acquitted them.
The prosecution officer claimed the suspects smuggled the substance from a neighboring country via the sea for trading purpose. He also forwarded a report to the Attorney General who authorized the officer to arrest them after the search procedures. The officer alongside Coast Guard officers then proceeded to search the container in which the illicit item was concealed, and referred the suspects for investigation before the judiciary sentenced them to death.
Representing the defendants, Lawyer Sultan Al-Mendel challenged the lower court’s decision and maintained the officer had acted contrary to the provision of law, which rendered the warrant obtained from the Public Prosecution null and void. He noted the procedures implemented lacked seriousness which cases of such magnitude deserve. He observed the investigators did not bother to invite any of the Coast Guard officers involved in the inspection to testify.
Iranian acquitted: The Court of Appeals overturned the verdict of a lower court which imposed the death penalty on an Iranian accused of smuggling drugs into the country. Case files indicate the Public Prosecution charged the Iranian, together with other suspects, of smuggling drugs into the country through the sea.
They were also accused of bringing goods illegally into the country as they did not obtain proper documentation from the concerned authorities in Kuwait. According to the arresting officer, the accused smuggled 33 kgs of hashish through the sea with intention to deliver it to an unidentified person in Kuwait. The accused remained in a Kuwaiti jail until the Criminal Court sentenced them to death. Attorney Muhammad Hamza represented one of the accused in court. He questioned the arrest and search procedures which, he said, were carried out illegally. The Court of Appeals agreed with the lawyer so his client and the other defendants were acquitted.
Reveller not guilty: The Court of Appeals presided over by Judge Nasser Al-Heid overturned the lower court’s verdict and acquitted a citizen who was sentenced to three years in prison with hard labor for possession and firing a firearm at a wedding. Representing the citizen, Attorney Talal Al-Enezi argued that the prosecution could not present any technical substantial evidence in the case, despite video clips were circulated on social media about the incident. Attorney Al-Enezi pointed to contradictions in the testimonies presented by witnesses at the scene, while search and arrest procedures implemented against his client were illegal due to lack of substantial documents that allow the police to arrest and search suspects.
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