Kuwait Court of Cassation principle number 737

The appellants’ request to summon the female forensic physician in their defence memorandum submitted at the sole pleading hearing before the Court of Appeal, followed by their defence counsel’s recording in the hearing minutes that he left the decision on it to the court and insisted on acquittal, and the absence from the papers of any prior submission of the aforementioned request for investigation before the court of first instance. Its implication. That the request to summon the female forensic physician was not unequivocal, and the court cannot be faulted for disregarding it so long as it did not itself consider it necessary. The objection in this regard is misplaced.