Kuwait Court of Cassation principle number 133

Summary: - The effect of a court's assessment of evidence in one case does not extend to another case so long as it is not satisfied with the evidence presented therein. Reason: a judge trying an accused has absolute freedom in that trial, unrestricted by the contents of a judgment issued concerning another incident and without regard to a contradiction arising between his judgment and a previous judgment issued by another judge. - The appellant's—the civil claimant's—objection based on a judgment of conviction and provisional damages for publication of a similar article. Argument over the assessment of evidence. Impermissible before the Court of Cassation. Rule: It is established that the effect of a court's assessment of evidence in one case does not extend to another case so long as it is not satisfied with the evidence presented therein, because a judge trying an accused must have absolute freedom in that trial, unrestricted by anything contained in a judgment issued concerning another incident, and without regard to whether his decision according to the conviction he has formed results in a contradiction between his judgment and the previous judgment delivered according to the conviction formed by the other judge. That being so, the appellant's objection to the challenged judgment concerning the issuance of a judgment of conviction and provisional damages for publication of a similar article is no more than argument over the assessment of evidence intended to cast doubt on what the court concluded with certainty, which may not be raised before the Court of Cassation.