Kuwait Court of Cassation principle number 1093

Failure to request that a prosecution witness be heard before the court of first instance. Its implication. Implicit waiver of this request. The appellate court is not obliged to grant the request to hear him. The reason for this. It adjudicates on the basis of the papers and conducts only such investigations as it considers necessary to conduct. - A request to hear defence witnesses. A defence on the merits. It must be necessary for determining the merits of the case for the court to grant it and respond to it expressly.