Kuwait Court of Cassation principle number 215

Summary: - The challenged judgment did not base its ruling primarily on what appeared from the record of telephone calls between the appellant and the other appellant at a time contemporaneous with the commission of the theft. Rather, it treated them as circumstantial evidence corroborating the evidence of guilt. There is no fault in this. Rule: Whereas it is established from the text of the challenged judgment that the court did not base its ruling primarily on what appeared to it from the record of telephone calls between the first appellant and the fourth appellant at a time contemporaneous with the commission of the theft, but instead relied on those calls as circumstantial evidence corroborating the evidence of guilt that it cited, there is no fault in the judgment’s reliance on that circumstantial evidence to support and reinforce the other evidence on which it relied in convicting the first appellant, so long as it did not treat those calls as primary evidence establishing the charge against the latter.