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 Re: ?What happened to Zain Eldeen Zedan a real grave and sudden provocation (Re: د.أمير احمد الرفاعي)
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Dear Moh- Ibrahim Gharad
Dear Dr. Ameer
Thanx a lot 4 ur contributions
However the issue is a purely legal issue .To me as a lawyer there is a fundamental legal principle which says ( The accused is presummed to be innocent untill his guilt is proved beyond reasonable doubt
From these premises we could not judge whether Zedan is guilty or not unless we possess all the facts and be fully aware of all the circumstances that made him resort to that type of conduct
Yah Mr. Moh Ibrahim you are absolutely correct in saying
He is professional and should have known that responding to provocation would harm him, especially in such a life and death match
But the degree of provocation may vary it may be grave provocation but NOT sudden and the degree of response i.e whether it is proportionate to the provocation or not can be determined by refernce to the reasonable man (Objective test
Hence we are required to know the surrounding circumstances to judge whether his response was justifiable or not but other factors which are needed to be associated are his origin and other concepts pertaning to his social and professional enviroment
The more significant issue is whether a person of same culture the same professional status the same circumstances would have responded to that provocation in the way Zedan did.
An answer to this last question is so necessary for our judgement
Regards
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