Kuwait Court of Cassation principle number 11

Summary: - A challenge to a judgment of the court of first instance is raised before the appellate court and is inadmissible before the Court of Cassation. - A complaint concerning the court of first instance’s refusal to put questions to witnesses, raised for the first time before the Court of Cassation, is inadmissible. - The court of merits may refuse to put questions submitted by the defence to a witness if it finds that they are unrelated to the case, serve no purpose, or involve an attempt to influence or suggest answers to the witness. Article 167/2 of the Code of Criminal Procedure and Trials. The complaint of infringement of the right of defence is unfounded. Rule: It is established that a challenge to a judgment of the court of first instance must be brought before the appellate court, not the Court of Cassation. Since the appellant raised nothing before the Court of Appeal concerning the court of first instance’s refusal to put questions which he requested to the two witnesses .................... and ............., he may not raise that matter for the first time before the Court of Cassation. Furthermore, the minutes of the first-instance trial hearings establish that, at the hearing of 15/2/2009, the court allowed the defence appearing with the appellant to put such questions as occurred to it to the witness .........., and concerning the date he completed his university studies, the date he joined the Tanker Company, and the nature of his work in 1984. The court refused to put these two questions and allowed the remaining questions to be put to that witness. At the hearing of 15/3/2009, the court allowed the appellant to question the witness .............. and did not refuse to put any questions.