Saturday, February 8, 2014

Khaled Ibrahim-Lawsuit

Since twenty days, one of the ladies visited my law firm, where she was asking me for a legal advice regarding arresting her son. I have met her in the room where I usually meet my clients and I asked her to be quiet as she appeared very nervous then I inquired about what happened with her son ziad. she informed me that the police summoned her son in order to give a testimony regarding one case of one of his friends; after giving his testimony, it has been shown that ziad is wanted to be arrested under a warrant issued by Tripoli court in disturbing the peace although ziad resides and work in Beirut. According to the criminal proceedings, police held ziad up; then they took him the prosecution which turned his file to the court that had issued the warrant. After noting the facts from the lady, I have given her my legal consultation and my vision how to follow her son’s case accordance to the said facts. On the second day the lady returned to my firm and asked me to hire for her son and she has paid a payment of the fees .I have asked a notary to go to the prison and organize a power of attorney signed by ziad. I attended the trail of the defendant ziad ;the investigation was in public where the judge started asking the defendant :have you committed the crime of disturbing the peace?,ziad denied the accusation and continued that he never ever been in trouble with law .In the course of investigation, I intervened to ask the defendant a leading question about the likelihood of existence with someone else with the same name;he has replied that his cousin has the same name with him how resides in place of the occurrence of the offence ;afterwards I disclosed to the court a document issued by the mayor stating that there is someone else with the same name of the defendant ziad and I finally asked releasing him immediately without any bail. But we actually couldn't get the judge to our side how considered the document as circumstantial evidence and kept him arrested till getting the witnesses into the court. On the next day, I submitted to the judge a memorandum explaining that arresting the defendant is not grounded on facts and it came as result of flaw in name in consideration of the mayor’s document as a conclusive evidence beyond a reasonable doubt besides he came to police station in person in a bona fide where his arresting becomes as false arrest ,and I last asked the judge bail the defendant out specially that he is Lebanese and has a known residence and he had no precedents. The continuously arresting of the defendant causing him serious damages because he is going to lose his job aside the morale damages. After all I shall have a case against the government for the compensation claim for the defendant immediately after discharge him and announcing that his case is a case of mistake the name. Khaled Ibrahim.

4 comments:

  1. hi khaled , it is a very good topic ,
    good work , go ahead

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  2. a case of mistake flaw in the name

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  3. hello dear colleague.
    you are in the right, it is a case of mistake the name.thanks a lot for your comments and encouragement.by the way it is a real case and ziad so far is arrested, although he have not committed the crime and he is not the real offender,which reflects the bad judicial system in lebanon.

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  4. YES ,
    IT IS VERY BADLY , UNFORTUNATELY

    ReplyDelete