KCC 325/2004/1

This case involved a claim by an individual who had been accused of some crimes that the evidence used to convict him had been insufficient. This was incorrect as there were witnesses statements and a confession by the defendant.

Background

The Public Prosecution accused two defendants of crimes.

The criminal court ruled that the first defendant should pay fine of 100 Dinars for the first crime, a fine of 2000 Dinars for the fifth crime and be imprisoned.

The Public Prosecution and the first defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the first defendant should be imprisoned for five years for the first crime.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and had erred in the application of law because the court had established its ruling based on unreasonable reasons.

The court stated this argument was invalid because the court had established its ruling based on the testimony of witnesses and the confession of the first defendant himself before the Public Prosecution.

The court dismissed the appeal.