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Houssin Ait Hmid Ben Sayed v The public prosecution

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Mar 13, 2014
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

Exploitation of quarry – definition of sand thief – evidences - testimony of witnesses – Court’s discretion.

He is considered a sand thief, every one that extracts sand and takes it from beaches, coastal sand dunes or from rivers or from its natural places. The court ignored the statement of the company’s chief executive that the truck load was loaded from the headquarters of his company, and rejecting the witnesses’ testimonies for reason that they are workers in the stopped quarry in the time where there is no legal text that prevents the court that basically implements criminal code to consider the witnesses’ testimony even though they have affiliation with one party, after assessing it within its discretion power, which makes the appealed decision unfounded and should be overruled.

Disponible en
Court of Cassation’s Decisions on the environment