Businessman acquitted in BD 43.7 million land fraud case

TDT | Manama

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The High Criminal Court of Appeal acquitted a businessman of fraud charges related to a BD 43.7 million land deal, overturning an earlier verdict that sentenced him to one year in prison (suspended) and fined him BD1,000, following a Court of Cassation ruling.

Lawyer Abdulrahman Ghunaim challenged the previous ruling before the Court of Cassation, requesting his client’s acquittal and arguing that the case was a civil dispute that did not involve the elements of a fraud crime.

The case dates back to a complaint accusing the businessman of taking BD43,725,950 from the complainant after selling him a residential plot of land, despite the property not being registered under his name at the time of the agreement. The businessman promised to transfer ownership and provide the property documents within three months.

After the ownership transfer was delayed, the buyer filed a complaint and discovered that the land was originally owned by another company before it was later transferred to the businessman.

The court stated that the sale agreement was not officially registered, meaning it created only contractual obligations between the two parties and did not transfer ownership rights. The delay in registering the property did not amount to fraud but was considered a contractual matter that should be handled through civil proceedings.

The court also noted that the land was later registered under the businessman’s name and that the delay was due to property registration procedures, not an intention to take the buyer’s money.

It added that the buyer had already pursued a civil case and obtained a judgment to cancel the contract and receive compensation, which the businessman later paid.

The court concluded that the evidence did not prove the elements of fraud and that criminal convictions must be based on certainty, not suspicion.

The court therefore accepted the appeal, cancelled the previous verdict, and acquitted the businessman of all charges.