Kuwait Court of Cassation principle number 123

Summary: - The signatures of the three-member committee’s members on the medical committee’s report, relied upon by the court of merits at both levels, where the appellant does not dispute that those who prepared and signed the report were those appointed by the court to examine the accused’s psychological and mental condition, who took the oath before it and performed the task entrusted to them. Its import: proof that what is stated in the committee’s report did not occur may be furnished only by a challenge alleging forgery. Failure to pursue that course. Its effect: the complaint in this regard is inadmissible. Rule: Inspection of the copy of the report of the medical committee appointed by the court of first instance, relied upon by the court of merits at both levels, shows that it bears the signatures of the members of the three-member committee who examined and observed the appellant. The latter does not dispute that those who prepared and signed this report were those appointed by the court for that purpose, who took the oath before it and performed the task entrusted to them. It is established that proof that what is stated in the report of the committee assigned to examine the accused’s psychological and mental condition did not occur may be furnished only by a challenge alleging forgery. The appellant did not pursue that course to establish his allegation that the report was prepared by one committee member, or anything indicating that not all committee members attended the examination of his condition. Accordingly, all the appellant’s complaints against the judgment in this regard are inadmissible.