Cassation Court adjourns lawsuit until 24th October 2011

The Court of Cassation decided during its session this morning to adjourn consideration of the objections raised by seven defendants on the lawsuit of murder of two Ministry of Interior personnel– Policeman Kashif Ahmed Mansour and Policeman Mohammed Faroug Abdul-Samad – until the session on October 24, 2011 to consider all the objections. Defense attorneys yesterday submitted the remaining objections pertaining to the defendants who had been given life sentences within the file of the lawsuit. Meanwhile the attorneys on behalf of those issued capital punishment also submitted other objections according to a statement from one of these attorneys who pointed out that the first objection was made by the force of the law in compliance with the Royal Decree No. (48) for the year 2011; however, after issuance of the Decree-by-Law No. (28) for the year 2011 stipulating in the third article thereof the permissibility to raise objections by cassation in all the lawsuits which had been under consideration of the National Safety Court, we (i.e. the defense attorneys) decided to submit other objections against both capital punishments sentences. And whereas the National Safety Court of Appeal had issued its verdict on the case of two policemen’s murdered, by unanimously confirming the verdict issued in favor of capital punishment against both Ali Abdullah Hassan Al-Sankees and Abdul-Aziz Abdul-Ridha Ebrahim Hussain; and confirming the verdict issued in favor of a life sentence against Isa Abdulla Kadhim Ali. Meanwhile the court adjudicated in favor of amending the verdict issued against both Qassim Hassan Mattar Ahmed and Saeed Abdul-Jaleel Saeed rescinding the death penalty to become a life sentence instead of capital punishment and confiscation of the automobile used in committing the crime. Later on after issuance of the verdict from the National Safety Court of Appeal, the Military Public Prosecutor stated that in compliance with the provisions of the Royal Decree No. (48) for the year 2011, both capital punishment sentences which had been issued are deemed as impugned by the force of the law before the Civil Court of Cassation in compliance with the provisions of both articles (40 and 41) of the Court of Cassation’s Act No. (9) for the year 1989. On August 18, 2011, the Decree-by-Law No. (28) for the year 2011 was issued regarding lawsuit pertaining to the National Safety Court, stipulating in the third article thereof that “the Public Prosecution and the indicted persons may impugn by cassation against all the verdicts issued from the National Safety Court of Appeal, in accordance with the prescribed procedures before the court, and that the door shall be open for impugning as from the date of enforcement of this Act. And in the evnt that the verdict is quashed, the Court of Cassation shall return the criminal cases to the High (Criminal) Court of Appeal and return the felony cases to the Grand Criminal Court (in its capacity as a court of appeal).