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A Bahraini lawyer has been sentenced to five years in jail for using a forged judicial ruling to validate a real estate sale contract.
The 41-year-old was, however, acquitted of forgery by the High Criminal Court owing to a lack of conclusive evidence.
The defendant, a legal adviser of a real estate company, submitted doctored documents to the Survey and Land Registration Bureau (SLRB) to confirm the execution of a property sale contract.
The documents allegedly detailed the ‘verdict’ in a civil case on the sale and ownership transfer of a plot in Al Nasfah, from the Royal Family Council to the real estate corporation.
Upon review, SLRB officials discovered that no such ruling existed in court records. It appeared to have been fabricated to resemble an authentic judicial decision, raising suspicions of fraud.
The Public Prosecution immediately launched an investigation, which confirmed that the serial number on the document belonged to a different case.
The defendant was identified and arrested.
Additionally, court records indicated that the hearing mentioned in the document never took place on the particular date.
The forged document was intended to facilitate the transfer of land to the real estate company that the defendant represented.
During interrogations, the accused denied forging the document himself, claiming that he had taken it from his colleague.
He further said that he submitted the report to the company after reading it on the computer of another attorney, who later denied any wrongdoing or involvement in the case.
Witness testimonies recorded during the investigation revealed that the defendant had filed a lawsuit on behalf of the real estate company and had submitted ‘the ruling’ to its representatives.
Even though it was proven that the defendant had used forged documents, there was no technical evidence linking him to the act of fraud.
During one of the hearings last month, the Public Prosecution asked judges for ‘the maximum possible jail sentence’ to be issued against the defendant, should they find him guilty.
In a note submitted to the High Criminal Court, the prosecution labelled the attorney’s actions as ‘evil’, stating that ‘God has given us free will to keep our promises and not betray others’.
While the court found that circumstantial evidence pointed to the defendant’s involvement in fraud, judges ruled that it was insufficient to prove that he personally forged the document.
“A forgery charge cannot be based on suspicion or indirect evidence but must be supported by clear and decisive proof,” judges said.
The court stressed that possessing or using a forged document does not automatically mean the individual was responsible for its creation.
Without an expert report directly linking the defendant to the act of forgery, the court applied the legal principle that any remaining doubt must favour the accused, leading to his acquittal on that charge.
However, the defendant was convicted of knowingly using the forged paper. The ruling also underscored that his submission of the document for official purposes warranted a criminal penalty.
The accused has been a practising attorney since 2006, licensed to appear before both Cassation and Constitutional Courts – Bahrain’s two highest judiciary bodies.
Records show that he was appointed as general counsel and legal adviser for the real estate company in 2020.
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