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Sheep thieves verdict rejected again
By Fahad Al-Reyya'e and Abdullah Maqati
Published in The Saudi Gazette on 20 - 04 - 2009

The Cassation Court in Makkah has once again overturned the Bisha Court's verdict of six years in jail and 4,000 lashes against two young men who stole sheep.
The Cassation Court, which considers the verdict as unduly harsh, asked the Bisha Court to form a new judicial committee to review the case. Its decision came after the Bisha Court insisted a few weeks ago that its verdict was just.
Mohammad Al-Umari, head of the Bisha Court, defended the verdict, saying “it will stop such crimes which have spread lately in the region.”
“These thieves usually seek money to buy drugs and if the sheep owners hadn't dropped their case, the court would have ruled to cut their hands.” said Al-Umari.
Ahmad Ayyaf, a lawyer and legal consultant, said that when the Cassation Court finds a verdict conflicting with Shariah law, they overturn it and send it to another judicial sector.” Appealing against such verdicts is the only way to ensure justice, he said. Ayyaf said Shariah rulings need to be categorized so as to eliminate stark differences in rulings on similar cases.
In a similar decision on another case, the Cassation Court in Makkah overturned a Moyah Court verdict against a young man who had shot his uncle. The Moyah Court had sentenced the young man to digging ten graves.
The Cassation Court, in sending the verdict back, also sought answers from the Moyah Court to its comments made on the verdict.
Sources said the Cassation Court judges have reservations on the alternative verdicts presented by the Moyah Court.
The Supervisor General of the Human Rights Society in Makkah said that the society has forwarded to its Riyadh office a complaint received from the accused.
The accused maintains that the judge has sentenced him in the domain of “public right” while the case was a private right issue. “Plus, digging graves is not a preferable in the region and I absolutely refuse to do it,” the accused said, appealing to the Cassation Court, the Justice Ministry and the Supreme Council of Judges to review the verdict


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