Two Kuwaitis acquitted in drowning case after court finds no evidence of criminal negligence
Kuwait’s Misdemeanor Court of the Court of First Instance has acquitted two Kuwaiti citizens of manslaughter and negligence in the case of a person unable to care for himself, in a case arising from the drowning death of an Arab expatriate. The Public Prosecution had accused the accused of unintentionally causing the victim’s death through negligence and failure to take necessary precautions.
The prosecution alleged that they left the man near the shore without ensuring that he reached safety, despite claims that he could not swim. However, the investigating officer told the court that there was no criminal suspicion surrounding the death and that the forensic report established drowning as the cause of death.
According to the case file, the victim had accompanied the accused on a short boat trip before they dropped him off at a location they considered safe. Statements recorded from prosecution witnesses during the investigation also supported this account. In its ruling, the court said it had doubts about the validity of the charges, particularly in light of the continued denials by the accused and the findings of the criminal investigation. The investigation had found no evidence indicating that the defendants caused the death through negligence or a failure to exercise due caution.
The court therefore ordered their acquittal under Article 172 of the Criminal Procedures and Trials Law. Defence lawyer Jarrah Al-Malik argued that the legal elements of the alleged offences were not established and that there was no causal connection between his clients’ actions and the drowning.
Al-Malik said the victim had asked the defendants to take him to a location near the Fintas water treatment plant, despite having no previous relationship with them. According to the defence, the defendants asked whether he could swim and he told them that he could. They subsequently dropped him into the water at a point where, according to the defence, he could stand.
The lawyer also cited the forensic and medical report, which found no signs of assault on the victim’s body. The report indicated that the injuries were limited to abrasions attributed to contact with sea rocks, while the victim’s clothes remained intact. The court’s acquittal means the accused were not found criminally liable for the drowning based on the evidence presented in the case.
