KUWAIT CITY, May 26: The Criminal Court acquitted a Moroccan of drug trafficking and consumption after finding out that the arrest and search warrant issued by the Public Prosecution was invalid, as it was based on frivolous investigations. The court explained in its ruling that while the prosecution has the authority to issue the warrant, it is subject to judicial oversight to ensure that the investigations upon which it was based meet the requirements of seriousness and sufficiency. The court accepted the arguments of the defendant’s lawyer, Attorney Abdul-Mohsen Al- Qattan, who argued that the warrant was invalid based on the frivolity of the investigations and the inaccuracy and unreasonableness of the incident.
The lawyer also pointed out that the defendant has no connection to the seized items, not to mention the absence of physical evidence in the documents, invalidity of the nighttime search of his client’s residence, and invalidity of the personal search, because it occurred before the issuance of the warrant. The court stated in its reasoning that the investigation report lacked true or accurate information about the defendant’s alleged drug activity, as it was based solely on information from an undisclosed confidential source.
The officer in charge of the investigation stated in his testimony to the prosecution that he monitored the defendant once for an hour from a distance at night, without catching her engaged in any drug buying or selling activity, nor did he identify the type of narcotics or the source from which she obtained them. The court said these facts confirm the lack of a serious investigation to justify the issuance of the warrant, which invalidates the document and the resulting procedures; leading to the acquittal of the defendant.
By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff
