JEDDAH, 9 March 2006 — Accusations of defamation and offensive conduct have been thrown back and forth in an Al-Baha court. Those involved are a judge and six officials of the Commission for the Promotion of Virtue and Prevention of Vice (CPVPV), according to several local newspapers.
“As a lawyer, I’ve often had to endure the shortcomings of judges,” said a senior lawyer. “But for things to escalate to official complaints against judges — this is something rare. I can’t recall any similar incident.”
Al-Madinah newspaper reported that six officials of the CPVPV were to stand trial. The officials were accused of defaming a judge, Mohammad Hajr Al-Thaheri, in their letter of complaint submitted to the president of the Supreme Court, Sheikh Saleh Al-Luheidaan.
The letter of complaint allegedly states that Judge Al-Thaheri has verbally abused them in court, addressing them offensively and inappropriately, even at times calling them liars. The six allege that because of the judge’s conduct, many court cases have been lost.
In response, Al-Thaheri filed a suit against the officials for the damage to his reputation.
The governor of Al-Baha, Prince Mohammad ibn Saud, directed that the case be fully investigated. However, the CPVPV officials refused to attend the investigation and consequently, the Commission of Prosecution and Investigation was asked to bring them to court. The officials refused to cooperate and the Commission of Prosecution and Investigation accused them of defaming Judge Al-Thaheri by their failure to present sufficient evidence to support their complaints against him.
The judge’s lawyer, Yahya Mohammad Al-Shahrani, said the case filed against the officials on behalf of his client was against them as individuals and not as members of the Commission for the Promotion of Virtue and Prevention of Vice which was not responsible for their conduct. He added that his client’s goal was to send a message to society that judges and the justice system are areas not to be trespassed.
Al-Watan reported that the lawyer for the CPVPV officials, Sheikh Mohammad Al-Ghamdi, had asked the Ministry of Interior to appoint a committee to confirm the investigative procedures that the Al-Baha Commission of Prosecution and Investigation followed.
Meanwhile, Sheikh Abdullah Al-Askari, the president of the Al-Baha Summary Court, excused himself from the case with the request that a judge from Riyadh should handle the case. When Al-Thaheri’s lawyer went to court on Tuesday for a hearing, the six CPVPV officials did not appear.
The case and its publicity has provided a chance for the country’s justice system with its courts and judges to be closely examined.
“CPVPV members and judges must follow Shariah law. It’s sad that such a situation has arisen,” a former judge who chose to call himself Zayed told Arab News.
“However we are all Muslims and answerable to Allah, whether commission officials or judges. In Islam there is no such thing as ‘the aim justifies the means.’ If a judge’s manner is offensive or CPVPV officials’ defame a judge, they are accountable and should be held responsible for un-Islamic conduct. In fact, they are highly responsible because their roles involve making sure that Islamic law is followed.”
He continued: “The judges and the justice system have altered a great deal since my time and the times of those before me. The standard and caliber of those who are judges, the keepers of Islamic justice, have gone from bad to worse, may Allah have mercy on us.”
Another Saudi lawyer, calling himself Abdul Rahman, commented: “Many of my clients have often been insulted by a judge’s tone or words and treatment during court sessions or court procedures. Nor can I say that members of the commission are any better in their treatment of people or in their accusations either.”
Another lawyer, Dr. M. A., added: “Commission officials accusing a judge of mistreating them, calling them liars or other offensive treatment? And, the judge accusing commission members of defaming him and damaging his reputation? I would say this case gives both parties a taste of the other’s medicine!”
