KUWAIT CITY, Nov 22: The Court of Appeals overturned the ruling issued by the Criminal Court in the brawl case involving 11 individuals accused of attempted murder and assault. The lower court sentenced four of the defendants to five years in prison, but the Court of Appeals acquitted all of them. The appeal ruling was issued after the higher court determined that the case file lacked conclusive evidence of intent to kill and that the elements of the crime were absent.

Furthermore, the investigation is deemed invalid and lacked seriousness, as the defense argued that its contents did not constitute admissible evidence in court, and that the incident was nothing more than an altercation resulting in injuries that did not amount to attempted murder. Attorney Inam Haidar, lawyer for one of the defendants, submitted a comprehensive memorandum of defense. She pointed out the invalidity of the investigation, contradictions in the victim’s statements, and the implausibility of the footage included in the indictment. She also argued that the case file lacked technical or medical evidence proving the defendants’ intent to kill. She demonstrated the absence of the elements of the crime as defined by Article 45 of the Penal Code, which requires criminal intent and a premeditated plan to commit the act—elements not established in the case file.

In its reasoning, the higher court affirmed that the case file lacked conclusive evidence of intent to kill, the charges against the defendants are unsubstantiated and that the evidence was insufficient, thus, necessitating an acquittal, especially since the medical report did not establish that the injuries resulted from a criminal intent constituting attempted murder. The court concluded by overturning the previous ruling and acquitting all the defendants of the charges against them, having determined that the accusations were unfounded and that the incident, as described in the investigation reports, was impossible

By Jaber Al-Hamoud and Munif Naif - Al-Seyassah/Arab Times Staff