HIBAPRESS – Fez
HIBAPRESS learned from an informed source that the Criminal Chamber of the Court of Appeal in Fez ruled today, Wednesday, December 17th, to acquit a judge from the city of Casablanca who was being prosecuted on serious charges related to tampering with judicial files and bribery, after a retrial following a decision issued by the Court of Cassation.
According to the same source, the judge in question had previously been convicted in the first instance and on appeal by the judiciary in Rabat, where he was sentenced to one year in prison and a fine of 30,000 dirhams, before the defense decided to appeal the sentence before the Court of Cassation. The judge's defense relied in his appeal on what he considered to be fundamental irregularities that marred the appellate decision issued in Rabat, especially the court's reliance on the statements of witnesses during the preliminary investigation without reinforcing them with conclusive material evidence, as well as the absence of any recordings or direct testimonies proving the fact of requesting or receiving financial sums as a bribe. After studying the case file, the Court of Cassation considered that the adopted evidence does not rise to the level of certainty and conviction, as it is subject to multiple interpretations and is not sufficient on its own to establish a criminal conviction, which made the appealed decision flawed with legal defects that necessitated its annulment. The Court of Cassation, according to the same source, ruled to refer the file again to the Court of Appeal in Fez in order to rule on it in accordance with the law, with the order to return the deposited amounts and charge the general treasury with the costs of the lawsuit. After reconsideration of the case, the Criminal Chamber of Fez concluded to declare the judge's acquittal of all charges against him, in a decision that is expected to provoke a wide discussion about the standards of proof in cases of judicial corruption, and the limits of reliance on testimonies and evidence in criminal procedures. This ruling comes in the context of emphasizing the principles of a fair trial, guaranteeing the rights of defense, and consolidating the foundations of integrity and the good conduct of justice, in a way that balances between combating corruption and protecting the presumption of innocence.
