After perusing the papers, I don’t see any hope for this objection to be
successful, as it is known that, the Supreme Court is a law Court and the
decision issued by the Court of Appeal is legally valid, however, the reasons of
the attorney of the appellant, with regards to beating, it has been originally
denied, so how come it became disciplinary in this stage, knowing that, this
stage is not for raising new defenses. Regarding the statement that, the Court
of Appeal has relied on the accusation witness No.(1), which is a hearsay, the
Court did not rely on that but has relied on his admission of beating( please
refer to its memorandum page (2).
Therefore, if my respectful colleagues agree, I believe that the objection
shall be cancelled on summary basis and the appellant shall be ordered
to pay the fees.
Al Obaid Zain Al Abdeen Babikir.
Judge at the Supreme Court
23/08/2015
I agree
Mustafa Alhadi Salih
“signed”
Judge at the Supreme Court
24/08/2015
I agree
Al Tayeb Abdul Wahab Abdul Ghafoor
“signed”
Judge at the Supreme Court
26/08/2015
Final Order:
The objection shall be cancelled on summary basis and appellant shall pay fees.