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‘Partially blind’ Kuwaiti wins disability case against PAHA

KUWAIT CITY, Nov 23: The Administrative Court, presided over by Judge Emad Al-Habeeb, ordered the Public Authority for Handicapped Affairs to cancel the decision issued by its medical committee declaring a citizen not qualified to claim disability even though experts concluded he has mild permanent visual disability. Lawyer for the citizen, Attorney Abdul-Aziz Al-Banwan, argued that his client suffers from mild permanent visual disability but the authority said his condition is not categorized as a disability, asking his client to go to forensics for proper determination of his disability level. Al-Banwan indicated the forensics concluded that his client has mild and permanent visual disability, yet the authority through its medical committee refused to acknowledge the forensics report. This prompted his client to file a case against the authority and the court ruled in his favor.

Case dismissed: The Criminal Court of First Instance dismissed a penal case filed against a Kuwaiti man who confessed to stealing a luxury car and assisted two others in evading justice. The case was dismissed due to expiry of the legal duration for the case. The Public Prosecution charged the defendant with aiding two persons to evade justice by hiding their names in the theft case, knowing well that they were his accomplices in the crime. They allegedly stole the car with the intention of claiming ownership. The defendant counsel Lawyer Nasser Al-Bashir urged the court to refrain from pronouncing the punishment since the legal duration for the case was already over. He quoted article 6 of the Penal Code, which stipulates that such a criminal act is considered dismissed after five years from the date of the incident. Lawyer Al-Bashir reminded the court that the case occurred in 2011, and the defendant was arrested and referred to court in 2017.

Man acquitted: The Court of Cassation overturned the decision of a lower court which imposed prison sentence on an individual accused of trading in drugs, resulting in his acquittal. According to the case file, a police officer noticed a vehicle which stopped in the middle of the street. When the officer approached the vehicle, the driver sped off so a hot chase ensued. The officer testified that the defendant was driving recklessly until reaching a dead end. The officers on duty chased him, leading to his arrest. They found narcotic pills after inspecting the vehicle. Lawyer for the defendant, Attorney Abdul-Muhsin Al-Qattan, argued that the arresting officer did not follow proper arrest and search procedures, let alone the fact that his client was not under surveillance.

‘Pay teacher comp’: The Court of Appeals obligated the Public Authority for Applied Education and Training (PAAET) and Ministry of Higher Education to pay KD 46,000 to a Kuwaiti female assistant teacher. Case files indicate the plaintiff was sent on scholarship to obtain master’s degree and PhD from New Castle, United Kingdom. Attorney Ali Jawhar filed the lawsuit on behalf of the citizen, pointing out that the Civil Service Commission (CSC) issued a decision to grant equal scholarship privileges to assistant teachers at Kuwait University and PAAET. He said the Ministry of Education and Higher Education issued decision number 19/2012 to amend Article 39 in order to include payment of the educational fees of the accompanying children. He added that his client paid 50 percent of the educational fees of her children (KD 46,000) and she asked PAAET to refund these fees but the latter did not respond. He explained his client resorted to the court to get back her money.

By Jaber Al-Hamoud Al-Seyassah Staff

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