The National Supreme Court

of The Central States and Gedaref

Before Judges :

President

 Hon Justice:  Shaugi Osman Ahmed                     Supreme Court Judge

Member

 Hon Justice:   Elltigani Elabeed Mohamed            Supreme Court Judge

Member

 Hon Justice:   Mohamed Elltigani Mohamed        Supreme Court Judge

Sc/CR/17/2019.

Trial of Ahmed Ibrahim Elsirag and another

(CCP/1991 – S137(2) – Assisting)

Accused unable to understand procedings limits.

          Principle:

Seeking The aid of someone to assist accused in understanding  proceedings does not extend to interrogating The latter on behalf of accused as the purpose is examining accused in detail about The acts referred to him personally.

Note

This is an appeal against the decision of The court of Appeal, gegera No.CA/Fg/17/2019 which set aside The decision of The court of first instance and retuned The case for revision accordingly.

Elmanagil criminal court passed decision That accused  was not guilty of The offence charged and The court of Appeal set aside the decision on procedural grounds namely, that accused deputed anther to be examined on his before. The proper procedure according to s.137 was .

That is The court found accused incapable of understanding the procedure for a mental defect or for any other reason to seek the help of some other person to make him understand but this does not extend to deputation in answering questions in examination instead of accused. The purpote of examination is face accused will The acts charge and allow him to explain and defend himself.

Accordingly The decision of The court of Appeal is correct and  The papers are returned for due action.     

Mohamed Eltireifi Mohamed

22.1.2020

Shaugi Osman Ahmed 

23.1.2020    

Eltigani Elabeed Mohamed

27.1.2020                                                 

Final Order:

Confirmation of decision and dismissal of appeal.

Shaugi Osman Ahmed

Supreme Court Judge

President of the Circuit

30.1.2020