An appellate court has upheld the acquittal of a resident previously charged with fraud related to a KD 23,000 investment in a European restaurant, according to local reports. The defendant, who was initially convicted alongside another individual, was accused of misleading two residents by promising to purchase the restaurant and secure residency permits in exchange for the funds.
The case originated in the Misdemeanor Court, which sentenced both defendants in absentia to three years’ imprisonment, imposed fines of KD 200 each, and ordered deportation upon completion of their sentences. However, one defendant contested the verdict, resulting in the Court of Appeals reviewing the case and ultimately overturning the conviction in his favor.
The appellate court found that the evidence and case records supported the legitimacy of the investment project, which was registered under the name of one of the complainants. The court noted that the dispute arose primarily from the failure to obtain residency permits, which led to the restaurant’s eventual closure due to unpaid rent and the complainants’ absence from the premises.
Furthermore, the court highlighted that the defendant had presented photographic evidence of the project’s inauguration event, which had been attended by the father of one of the complainants. The ruling emphasized that for fraud to be established, there must be proof of deliberate deception designed to induce a victim to part with money. The court concluded that the evidence did not demonstrate the use of deceitful tactics or confirm the defendant’s guilt.
Defense attorney Jarrah Al-Malik expressed satisfaction with the ruling, stating that it confirmed his client’s legal position. Al-Malik underscored that the investment project had been properly established and registered, and that funds had been transferred under a legitimate investment agreement rather than through fraudulent schemes. This, he noted, effectively negated a critical component of the fraud allegations.
