A former judge has launched an appeal in the Court of Cassation in Riyadh against his sentence of 10 months imprisonment and 120 lashes for writing false complaints. Braikan Al-Braikan, the lawyer of the former judge, who is being held in the Al-Rass Governorate Prison, filed on Monday his client's objection to his sentence. His sentence by the Al-Rass Court in the Al-Qassim Region, includes time in prison and for the 120 lashes to take place with bare head and feet. His name would be announced in a public place and he would not be entitled to a pardon. He was found guilty of filing false complaints on behalf of citizens and belittling legal personalities. Okaz has a copy of his five-page document, which he has signed, where he calls on the Chairman of the Court of Cassation to accept his objection on the basis of Article 200 of the Penal Procedures Regulation. In the document, the former judge argues that a number of violations had taken place when he was sentenced. The court formed to look into his case had two judges, which was in violation of Articles 23 and 25 of Judicial Regulations. He said the case should have been considered by one judge, according to a decision issued by the Higher Judicial Council in 1990. The judge also argued that his case did not fall within the jurisdiction of the court where he was sentenced because it had been transferred to another judge. He said this is stipulated in Article 5 of the Penal Procedures Regulation, which states that “if a case is officially referred to the court, it should not be transferred to another authority except after the issuance of a verdict, or the issuance of a decision that the case does not fall under the jurisdiction of the court and should therefore be transferred to the authority concerned.” He cited several other legal reasons for the verdict to be set aside. He also objected to the decision to hold him in custody. This was in violation of Decision 1900, which specifies only certain conditions under which a person can be held behind bars, he argued. He said he should be released on the basis of Article 3 of the Penal Procedures Regulation and that the verdict issued against him be annulled. He demanded that his case be referred to a court that had the power to look into it, according to the requirements of the Shariah.
