The Court of Appeals for Misdemeanors issued its decision after considering arguments from Attorney Mohammad Ahmad Taleb, Al-Seyassah daily reported. A panel headed by Judge Bader Al-Sarawi and including Judges Mohammad Al-Salal, Ahmed Al-Yassin, Muslim Al-Shuhoumi and Salman Al-Suwait determined that the original investigative steps were invalid. The ruling requires the case file to go back to the General Department of Investigations so that the Public Prosecution can assume responsibility as the competent authority.
Al-Seyassah daily detailed how the lower Misdemeanor Court had sentenced the female lawyer to one month in prison suspended for three years contingent on payment of KD500. That same court acquitted the Ministry of Justice employee on the verbal abuse charge and referred two related civil suits to the appropriate judicial body. The appeals court upheld the handling of the civil elements while focusing its latest order on the criminal investigation flaws.
Taleb stressed during the appeal process that the incident tied to his client arose from her legal practice in filing a lawsuit, Al-Seyassah daily reported. He argued that only the Public Prosecution holds authority to investigate crimes linked to a lawyer’s professional duties. The court accepted this position and voided all prior proceedings conducted by an unauthorized entity.
Kuwait’s Legal Profession Law as amended by Law No. 62 of 1996 provides the foundation for the decision, according to the court record cited by Al-Seyassah daily. Article 11 bis of the statute states that lawyers should not be investigated for a crime related to their work unless the investigation is done by the Public Prosecution. The provision aims to maintain procedural integrity in matters concerning licensed attorneys.
The case originated from allegations that the lawyer insulted the employee while he carried out official duties and that the employee responded with verbal abuse in a public setting, the published case file shows. With the procedures now reset, the Public Prosecution must re-examine the evidence under the correct framework before any further court action. This step ensures compliance with the statutory requirements that govern professional conduct cases.
Al-Seyassah daily noted that Taleb had elevated the matter through the appellate system to challenge the initial investigative path taken. The attorney highlighted that deviations from the mandated protocol could undermine the validity of any resulting verdicts. Court officials have now aligned the process with the established legal standards for such disputes.
