Session on Tuesday, April 23, 2024
Headed by Judge Ahmed Abdullah Al Mulla, ‘Head of the Department’, with the membership of Judges Mohammed Ahmed Abdul Qadir and Al Tayeb Abdul Ghafoor Abdul Wahab
(1-3) The court of first instance: Its power to decide on the correct picture of the facts of the case’. Ruling ‘Reasoning of the judgement Reasoning of the data Deficient reasoning’.
1. To decide on the correct picture of the facts of the case from all the elements and evidence presented. The power of the trial court provided that it shall be well reasoned on the documents.
2. The judgement shall contain a statement which convinces that the trial court has carefully examined the evidence in the case and has considered the motions and objections on the merits. Deficiency and violation of the right of defence.
3. The appellant's insistence in his defence before the trial court that he was a delivery employee and did not know the nature of the material contained in the accused package was a fundamental defence and the appealed decision ignored this and did not confront him with it, giving him t...