Sunday 27 January 2013

Expat Acquitted Of Forgery



Ex-Wife Wins Dowry
KUWAIT CITY, Jan 26: The Court of Appeals, presided over by Judge Ali Mohammad Al-Durai’e, acquitted an expatriate of falsification and misusage of official documents.

Case files indicate a team of security officers discovered that some employees at the Immigration and the Border Security departments have been putting entry and exit stamps on the passports of some expatriates to avoid automatic cancellation of their residence permits even if they are not in Kuwait within the mandatory period.

It has been reported the employees carried out the act in exchange for money. They allegedly gave a passport to one of the accused – an expatriate who works as representative of a contracting company. The same company is said to have presented documents belonging to another accused to the Immigration employees to renew his residence without taking into consideration that he has been outside the country for a long time.

Earlier, the Court of First Instance acquitted two suspects, while it sentenced others to four years in prison with deportation upon completion of the jail term. However, one of the accused appealed the verdict through his lawyer, Attorney Dalal Al-Mulla, who questioned the previous ruling, arguing that it was fraught with constitutional lapses and violation of the right of her client to seek legal assistance. She also raised doubt on the investigation procedures; hence, she demanded for the acquittal of her client.
After analyzing the pieces of evidence and arguments presented by both sides, the higher court affirmed the innocence of Al-Mulla’s client.

Ex-wife wins dowry: The Personal Status Court, chaired by Judge Abdullah Al-Saleh, has instructed a citizen to pay his ex-wife the balance of the dowry amounting to KD 8,000.
The plaintiff’s lawyer, Attorney Mariam Al-Baher, said her client got divorced from her ex-husband but she did not receive the abovementioned amount.
After a careful analysis of the arguments and evidence presented by both sides, the court asked the defendant to give the money to his ex-wife.

Verdict overturned: The Court of Appeals overturned the ruling of the First Instance Court which had sentenced a traffic officer to one-month imprisonment and instead issued a fine of KD 200, for allegedly using excessive force and threatening the plaintiff in order to make him sign a citation for a traffic violation.
According to the case files, the victim testified that he was stopped at a security checkpoint where he waited for more than one hour before he was issued a citation. When he denied the citation, the traffic officer threatened him, forcing him to sign the citation. As the traffic officer handed a copy of the citation to the victim, he pushed the latter.
Defense Lawyer Zaid Al-Khabbaz pointed out to the court that there are contradictions in plaintiff’s statements, as he had stated during investigation that the accused insulted him but claimed that the defendant only threatened him. The victim also testified initially that the defendant had assaulted him but later claimed that the defendant just pushed him with one hand.
Lawyer Al-Khabbaz requested the court to overturn the First Instance Court’s verdict, and pronounce his client as innocent of charges leveled against him.


By: Jaber Al-Humoud Special to the Arab Times

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