SCA 3575729/1435
The defendant was sentenced for insulting a man after refusing to give an oath denying the accusation.
Background
The Public Prosecution filed a claim against a defendant for insulting a man by saying "you are not a man" and requested sentencing him to a discretionary punishment.
The defendant denied the accusation, and based on his denial, the claimant asked him to take an oath to deny the claim. The defendant refused to give an oath.
The Criminal Court stated that the rule provides that evidence must be given by whoever brings the claim, and an oath is requested from whoever denies the charges. The defendant was requested to swear under oath three times, and the uttered words that were considered insulting; therefore, the court sentenced the defendant to 10 lashes.
Decision
The Appeal Court endorsed the ruling.