The complainant’s delay and lack of seriousness in filing his complaint from 2003 until 2012, as well as the delayed testimony of witnesses throughout this period, make these statements and testimony a source of doubt, and the doubt is interpreted in favor of the accused.
The lack of seriousness of the complainant in filing the complaint throughout this period makes it a source of doubt, and the same is true of the testimony of the two witnesses. It was delayed testimony for a period of (10 years) from the date of the act’s occurrence, and what was settled by the judiciary of the Federal Court of Cassation in Iraq is that such testimonies do not It is valid because it is subject to indoctrination and is therefore a source of doubt, and that doubt is interpreted in favor of the accused in this case, who denied the charge against him in all stages of investigation and trial and confirmed that he was not present at the scene of the accident at the time. Accordingly, the court decided by agreement to release the accused and cancel the charge against him. mechanism. ((This is what the Al-Qadisiyah Criminal Court concluded in its decision to release the accused)).