Evidence Saves Arab Man from Jail After Mistaken BD15,000 Transfer

TDT | Manama
Email : editor@newsofbahrain.com

An Arab man who refused to return BD15,000 that was mistakenly transferred to him has escaped jail time thanks to his lawyer, Hussain Salem Hussain, who presented solid evidence to overturn a Lower Criminal Court’s jail ruling.

The case involved a business partnership where the defendant managed a company for a monthly salary of BD1,500. A partner mistakenly transferred BD15,000, believing it was the equivalent in Saudi riyals, into the defendant’s account. When asked to return the funds, the defendant refused.

Imprisonment
The lower court sentenced the defendant to six months imprisonment, with a BD200 bail to suspend the sentence, followed by deportation.

The defendant appealed, arguing legal misapplication, insufficient reasoning, flawed evidence, and arbitrary conclusions.

During the course of the appeal hearing, the lawyer contended that the defendant’s refusal to return the money stemmed from a prior agreement and the difficulty of the refund process in a neighboring Gulf country, negating criminal intent.

Intention
“My client lacked the intention to permanently appropriate the funds, a necessary element for embezzlement under Bahraini law. Therefore, I request his appeal to be accepted,” the lawyer stated.

The appeals court agreed. It found the prosecution’s case rested solely on the testimony of the company’s representative and partners, lacking solid evidence.

While the defendant acknowledged the transfer, he explained his refusal to return the funds due to procedural difficulties and a prior agreement with partners considering the amount as future salary.

Doubt
The court noted the ongoing partnership cast doubt on the claim of embezzlement.

The court deemed the evidence insufficient to support the conviction, citing reasonable doubt.

Consequently, the appeals court overturned the lower court’s ruling and acquitted the defendant, citing Article 255 of the Criminal Procedure Code.