Kuwait Court of Cassation principle number 1549

The appellant's defence based on denying the charge and denying his presence at the scene of the incident, substantiating that by the witness's inconsistency in identifying the perpetrator, the inconceivability of the victim's eye injury being inflicted by someone standing behind him, and his submission of a declaration from one of the parties to the incident denying his presence therein. It constitutes, in this particular case, a material defence. The judgment's disregard of that defence on the pretext that it has no basis in the case papers. It vitiates it through inadequate reasoning and violation of the right of defence.