Good luck Mr Avery fighting the Kuwaiti (in)justice system

Another interesting insight into Kuwait's (in)justice system...

An American in Kuwait fights for his name, rights

Published Date: May 13, 2008
By Nawara Fattahova, Staff writer

KUWAIT: It's hard when somebody is falsely accused of committing a crime. And the situation becomes more difficult if this person loses his job and his reputation is defamed. The case of Allan Avery, an American citizen, who was employed with a US military contracting company working in Kuwait is not decided yet. But Avery claims he was innocent and is fighting charges of drug trafficking and illegal possession in Kuwait in order to prove his claim and clear his name.

Avery's ordeal began late last year. On the night of Oct 27, he was arrested along with two other American contractors while sitting in a car in Sabah Al-Salem area. He was taken to jail and detained for 12 days without charge. Finally, he was sent to the Public Prosecution and charged with drug trafficking, abandonment, and illegal possession of drugs. All three tested negative for drugs, Avery says.

According to Avery when the police searched him and the car, they didn't find any illegal substances on him. The other two accused were found to be in possession of small amounts of marijuana. But police claimed that Avery threw "something" from the car when he saw the cop's car approaching.

The police let me take my clothes off, and they didn't find anything. I was imprisoned for nothing. I lost my job and now I'm living with my friend," Avery told the Kuwait Times yesterday during the third session of his trial at the Court of First Instance in Kuwait City at the Palace of Justice. Avery has already entered a plea of not guilty. His two companions from that night both fled Kuwait after being released from jail.

Avery has not only suffered legal problems. He was also fired from his job. After being released, his company terminated him on November 26, 2007 although his case is not yet finished and he hasn't been found guilty.

The company wanted to get rid of me so they took a blood sample of me at the office and stated it was positive. They thought I will leave, thus on the same day I went to a private clinic and made the blood test there, and the result was negative. The other two accused left the country after they were released, but I preferred to stay to prove my innocence," say the towering American. Abdulmajeed Khuraibit, Avery's lawyer presented a verbal defense attacking the procedure of the police. Two judges presided over the Avery's case, which will have a verdict by May 26.

A growing number of Americans, many of them connected to the military contracting business, have been associated with the illicit drug and alcohol trade in Kuwait in the last year or so. In April 2007, the US Embassy issued a warden's message reminding American citizens here that they are subject to the local laws including those prohibiting the use or trade of alcohol or narcotics.

Those arrested for possession or trade of those substances are dealt with harshly by Kuwaiti law enforcement," the notice explained. The Embassy notice also warned US citizens that the Embassy "cannot intervene to free Americans who have been arrested, nor can it represent Americans at trial, give legal advice or pay legal fees and/or fines with US Government funds.

The common practice for those arrested for such crimes is to flee the country rather than face a travel ban and try to navigate Kuwait's labyrinth legal system. But as Avery points out, he's stayed to fight to clear his name, even though he could have fled. As his lawyer points out, evidence against Avery is slim, as no drugs were actually found on him or in his blood or urine.

The police noted the place where Avery and the other two were caught was a suspect place, which is not true. They also smelled inside the car, while there should be a trained dog for this job. How can the police report register that he was caught in action, while no drugs were found with him?" Khuraibit asked. "My client doesn't even smoke!

Of course, he could be guilty as sin, and his innocence totally fabricated.