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Court suspends jail, acquits Kuwaiti citizen in drugs case

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KUWAIT CITY, Jan 22: The Court of Appeals overturned the verdict of the First Instance Court, which had earlier imposed five-year jail term and fine of KD5,000 on a citizen for the possession of narcotics. According to the arresting officer, he was patrolling in Salmiya when he spotted a car being driven recklessly. When he asked the driver to pull over, the latter sped off so a car chase ensued until they reached Jabriya, where the suspect decided to leave the car and fled on foot.

The officer searched the car where he found narcotics, prompting the Public Prosecution to file a case against the owner of the car and the one who was driving it when it got impounded. Representing the owner of the car was Attorney Jassem Al-Tuwaitan, who argued that the charges leveled against his client lacked criminal intent, let alone the fact that the officer searched the car without a warrant. Al-Tuwaitan also questioned the medical tests conducted on his client, terming it as illegal. He said the prosecution had no substantial evidence to link his client and the allegations. The court then acquitted the defendant of all charges leveled against him.

Egyptian acquitted: The Criminal Court acquitted an Egyptian expatriate of possessing narcotics and brain stimulants for consumption and trading. According to the case file, securitymen arrested the defendant with the help of another suspect who was accused of possessing drugs. The latter called the defendant and set up a meeting in order to settle a debt between them. During their meeting, securitymen arrested the Egyptian expatriate.

They raided his apartment and found narcotic pills and brain stimulants. The defense counsel Attorney Jarrah Al-Sharika urged the court to acquit his client, as the search and arrest procedures were conducted illegally. He raised doubts about the testimony recorded by the arresting officers, stressing that his client was not under suspicion and did not commit a crime that would have provided securitymen with the justification to search and arrest his client.

Woman gets custody: The Personal Status Court presided over by Judge Mohammad Al-Mushaila granted a woman the custody right of her son, and the authority of being in charge of her son’s education in terms of which school he should go and other similar matters. According to the case file, the woman had filed a case against her ex-husband in demand for the right of authority over her son.

Representing her was Attorney Khawlah Al-Hassawi, who presented documents to the court to prove that the litigants were married and had a baby, and that her client obtained divorce from her exhusband, who was not present in any of court sessions of the case.

Divorce but no dowry: Personal Statute Sector at the Court of Appeals chaired by Judge Rashid Al-Nami dismissed the verdict of First Instance Court that ordered a Kuwaiti woman to refund the dowry collected from her estranged husband. However, the two courts granted the request for divorce to prevent disaster.

The case file indicates the husband resorted to the court for divorce and demanded refund of the dowry (half the sum) and requested the balance and other aspects of alimony be forfeited based on the degree of damages he suffered due to the wife’s bad behavior.

Defense Attorney Maryam Faisal Al- Bahr countered the purported damages and discarded the allegations as mere ‘word of mouth’ upon which the courts could not dwell. She argued the plaintiff had willingly divorced her client, thus the woman is entitled to alimony. She wondered how a wife of 11 years could have hurt her husband, stressing the woman returned home after the initial divorce but the man filed for divorce six days later to avoid paying the entitlements.

By Jaber Al-Hamoud Al-Seyassah Staff

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