A retrial has been ordered in a money laundering case, after the accused lost an appeal against an earlier prison spell verdict for failing to appear before judges.
The appellant was previously sentenced to five years behind bars and fined BD50,000 by the High Criminal Court for laundering the earnings of crimes, related to fraud and misusing electronic signatures.
The court also ordered the confiscation of a total of BD143,606 generated by the alleged criminal activity.
He would reportedly withdraw money from ATMs before re-depositing it into his personal bank accounts, as an attempt to obscure the funds original sources.
The court heard that the attempted concealment was done through transfers, withdrawals, purchases and recycling funds through various accounts, with the goal to make the money appear legitimate.
Between 2022 and 2024, he reportedly possessed and utilised an electronic signature-creating tool to generate a credential which he used to commit fraud and gain undue access to a digital system, ultimately altering and falsifying records for his own gain, the court heard.
After being found guilty he did not attend crucial appeal hearings because he refused to be brought to the court from prison. His lawyer did not submit a defence either, and he eventually lost his bid to contest the verdict.
In its ruling, the Cassation Court stated that it is an appellant’s right to be represented by a lawyer, who is to give an official defence to judges, and not just present a verbal argument.
“The attorney appointed to represent the appellant did not submit a defence before the appeals court, and asked to adjourn the hearings, but the court declined that request.
“Due to those circumstances, the court rejected his appeal.
“An appellant has the right to be represented in all stages of the judicial process, not just his initial trial.
“Because that did not occur, the Cassation Court deems the proceedings invalid, and rules to overturn the verdict and return it to the court that originally heard the case, so a new trial can be conducted.”
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