(MENAFN- Arab Times) The Court of Appeals presided by Justice Muhammad Al-Mutairi recently overturned the verdict of the lower court and set free a Kuwaiti man (lawyer) who was accused of breach of trust and embezzlement.
The lower court had earlier sentenced the man to three years imprisonment and ordered him to pay KD 5,001 temporary compensation.
Case papers indicate the plaintiff had given the defendant about KD 500,000 to facilitate court procedures for cases already in court but the defendant misappropriated the money.
The lawyer for the plaintiff said the defendant - a lawyer - was taking care of the legal issues for his client and the latter misappropriated the money.
However, the defendant proved to the court that he had done nothing wrong and had acted in good faith and as per the terms of the contract between the two men. He also argued the case is of civil nature and not criminal.
Defense attorney Eid Al-Ajmi maintained there was no criminal element in the case. He also said the penal court had no jurisdiction in determining the civil dispute between his client and the plaintiff in conformity with reports given by an expert that was presented at the Court of Misdemeanors, something which the Court of Appeals based its verdict on.
Case adjourned: The Civil Court adjourned until April 3 the lawsuit filed by legal representative of Burgan Bank and demanding former MP Faisal Al-Muslim to pay a sum of one million dinars as moral and conclusive compensation for releasing confidential banking document involving a cheque.
Case files indicate that the Public Prosecution charged the defendant Faisal Al-Muslim and branch manager of the bank for spreading the bank's secrets and breaching trust after the former MP published a copy of cheque issued by Sheikh Nasser Al-Muhammad in 2008.
The Stock Market Court (penal circle) on March 30, 2011 issued its verdict and fined the defendants KD 200 each for revealing banking secrets and complicity. The branch manager was relieved of his post and the same court acquitted both of defendants of breach of trust and complicity. The court also obliged both defendants to pay civil settlement of KD 5,001 as temporary compensation and pay all expenses and legal charges.
The defendants appealed against the verdict and the court of appeals revoked the lower court's verdict against the branch manager and acquitted him of all accusations. However, the Court of Appeals upheld the civil settlement against Faisal Al-Muslim. Â
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