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Court reopens SR38m case filed against tobacco agents
By Adnan Al-Shabrawi
Published in The Saudi Gazette on 15 - 06 - 2010

The General Court here has decided to reopen a case involving a $10 million (about SR38 million) lawsuit against tobacco agents in the Kingdom filed by a Saudi man who was afflicted with throat cancer and lost his ability to speak.
Judiciary sources said that the plaintiff, Ali Asiri, had asked for the case to be reopened after the court had cancelled the matter because he had not attended a previous session.
The source said the court decided to reopen the case as per article 53 of the Pleading System. The court fixed July 11 to hear the matter.
Saudi Gazette reported this month that the General Court in Jeddah dismissed the case because Asiri failed to appear.
Sources said that Judge Abdul Rahman Al-Husseini followed procedure in throwing out the case on the grounds that the court had not been given any reason for his absence.
Asiri has sued tobacco agents for SR38 million, claiming that his throat cancer was caused by smoking their products.
In his lawsuit, Asiri submitted documents and medical reports showing that he underwent surgery to remove his larynx and vocal chords. This deprived him of the ability to speak.
The groundbreaking legal action was launched by Asiri after doctors at a Riyadh specialist government hospital discovered a cancerous tumor in his throat. Asiri believes that the tumor was caused by his smoking.
After the removal of the tumor, Asiri filed the case against tobacco agents in the country. The court allowed the matter to proceed after a long debate. Several hearings were held.
The lawsuit is one of the largest to be filed in the Kingdom by a cancer patient against tobacco companies and has attracted considerable public attention.
The Kafa Society for Creating Awareness on the Harm of Smoking and Drugs, based in Makkah, has supported Asiri.
Asiri joined the Kafa Society to conduct voluntary work to warn the public about the dangers of smoking cigarettes and using tobacco derivatives.
Asiri had initially filed his lawsuit against tobacco agents in Al-Khobar in the Eastern Province, but the court there refused to consider the matter.
Asiri's lawyer, Iyad Zuhair Al-Sibaee, was quoted earlier this year arguing that the legal action against the tobacco sellers was “inevitable” because “they are directly harming individuals and the entire society”.
He said there have been many similar cases in the world which have ended in favor of the plaintiffs, with compensation of $10 million each. “So why be silent about it,” he said.


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