From 15-years in jail to acquittal in drugs case

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KUWAIT CITY, Sept 11: The Court of Appeals presided over by Judge Hani Al-Hamada cancelled verdict of 15-year imprisonment with hard labor issued against a Kuwaiti citizen who was accused of possessing and peddling drugs.

The court instead acquitted the defendant and refrained from pronouncing penalty against him for the charge of drug possession. The court also decided to confiscate the seized drugs. According to the testimony of the two officers in charge of the lawsuit, they received information from secret sources about the suspect’s involved in peddling of drugs. Armed with a warrant from the Public Prosecution, the two officers and a number of securitymen raided the suspect’s house while he was sleeping. When they searched his room, they found about 250 grams of hashish. They then arrested the suspect. However, the suspect denied all the allegations against him at the Public Prosecution.

During the session at the Court of First Instance, the defense team consisted of three lawyers. Nevertheless, the court sentenced him to 15-year imprisonment with hard labor. At the Court of Appeals, lawyers Bashar Al-Nashar and Hamad Al- Ammar defended the citizen. They highlighted the lack of evidences to prove that their client was involved in drug peddling. They stressed that their client was not caught red handed while selling drugs, adding that neither a sensitive weighing scale nor different types of drugs were found in their client’s house. The lawyers stressed that the report of the two officers was not accurate, adding the lab results revealed that the level of drug content in the fl uid sample taken from their client was nil.

Verdict revoked: The Court of Appeals revoked verdict issued by the Court of First Instance that sentenced an expatriate to life imprisonment and deportation upon completion of term on accusation of smuggling illicit drug (hashish) and trafficking in drugs, thereby acquitting the suspect of all accusations. The Public Prosecution charged the suspect of smuggling drugs to Kuwait for trafficking purpose without obtaining relevant license as stated by law. In his defense, Lawyer Talal Al-Enezi argued that his client’s arrest was illegal and there was no justification in pursuing him without warrant from the Public Prosecution.

Moral compensation: In a court session presided over by Judge Mohammad Al-Rashidi, the defendant Fuad Al-Refai was ordered to pay KD 40,000 to Prof. Bader Jassem Al-Yaqoub as moral compensation for the damages caused by him. The court also ordered him to pay legal fees worth KD 100 for the case. According to the case files, the defendant on March 9, 2016, posted some remarks on his personal Twitter account which affected the reputation of Prof. Bader, as he is a famous personality with several publications, and is also the former minister of Information and a reputable attorney. The Twitter feed posted by the defendant damaged his reputation and infl icted moral pain for him. The court’s ruling is regarded final and is based on the cybercrime laws which set limits to the kind of actions that would damage the reputation of an individual and tarnish his/her honor and moral being.

By Jaber Al-Hamoud Al-Seyassah Staff

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