He clarified the account of the defendant on Facebook should have been referred to a technical committee to confirm its user, as the student clarified during the investigation that the picture the court considered insulting to Islam was tagged from the page of a woman named Raouth Almuabeh by mistake.
Nagar said, “The court is not specialized to consider such cases, as such crimes fall under economic crimes. The case was considered in front of a misdemeanor court of appeal, against proper procedures, which invalidates its rule.”
Nagar noted the necessity of the existence of both the material and moral elements in such cases, though the court had only a picture. He added the judge cleared the defendant from the intention to publish the picture, but condemned him for insulting Islam. He added the rule is illegal, stressing the need to appeal against it.
The case dates back to December 2011 when a number of students and their families rallied in front of Menkebad School in Assiut, accusing Gamal Abdou of publishing a comical picture of the Prophet Mohamed. He was arrested and referred to the court that later sentenced him to three years in prison over accusations of insulting Islam.
The court refused the first appeal and the Court of Cassation have still not determined a session to consider the second appeal.
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Edited from: http://www.mcndirect.com/showsubject.aspx?id=43185