Financial Crime World

Kuwait’s Court of Cassation Overturns Bank Fraud Convictions on Illegal Evidence Grounds

Five key points from the ruling in the Kuwaiti Court of Cassation case:

  1. Two local businessmen acquitted: The Court of Cassation has acquitted two Kuwaiti businessmen accused of bank fraud, making false statements, and seizing approximately two million dinars from a Kuwaiti citizen.

  2. Evidence dismissal: The court dismissed video recordings as evidence due to their illegitimate acquisition, leading to the acquittal of the accused.

  3. Lack of approval and consent: The Court of Cassation ruled that the video recordings, which were obtained without the approval of the Public Prosecution and without the knowledge or consent of the accused, are invalid, making all derived evidence inadmissible.

  4. Insufficient evidence: The court found that the elements of the alleged crimes against the defendants were absent due to insufficient evidence.

  5. Partial dismissal of civil lawsuit: The civil lawsuit was partially upheld and dismissed due to the absence of a demonstrated wrongful act, maintaining the defendants’ acquittal.

Background

In Kuwait City, the Court of Cassation overturned the conviction of two local businessmen accused of bank fraud, making false statements, and seizing approximately two million dinars from a Kuwaiti citizen.

The Role of Dr. Fawaz Al-Khatib

Prominent lawyer Dr. Fawaz Khaled Al-Khatib defended the accused by arguing for their innocence and demanding the dismissal of the indictment based on violations of Article 130 of the Code of Criminal Procedure concerning unlawful evidence acquisition.

Evidence Dismissal: Disputed Video Recordings

The dismissal of the video recordings as evidence in the case came after the Court of Cassation determined that they were inadmissible because they were obtained without the approval of the Public Prosecution and without the knowledge or consent of the accused.

Implications of the Court Ruling

Despite matching features, voice recognition, and expert testimony corroborating the involvement of the accused in the video recordings, the court found that due to insufficient evidence, the defendants were acquitted of all charges, and the civil lawsuit was partially upheld and dismissed due to the absence of a demonstrated wrongful act.