The Ajman Court of Appeal has overturned the conviction of an Egyptian woman accused of breach of trust and unlawful appropriation of funds, acquitting her of all charges. Judges ruled that doubts over the authenticity of WhatsApp messages submitted as evidence, coupled with the absence of credible proof that money had been handed to the defendant, were sufficient to overturn the conviction.

According to court records, the woman, a retired dentist, was accused of unlawfully appropriating money entrusted to her under an agency arrangement. Prosecutors charged her with breach of trust under Article 453 of the UAE Crimes and Penalties Law.

The Ajman Court of First Instance convicted the woman in July, fined her AED 5,000 and ordered her to pay legal costs. However, a three-judge panel at the Court of Appeal unanimously overturned the ruling, finding that the evidence was insufficient to establish the offence.

Doubts Over Authenticity of WhatsApp Messages

A key issue before the Court of Appeal involved screenshots of WhatsApp conversations submitted by the complainant as evidence.

The defendant’s legal team, led by Dr Hassan Elhais, legal consultant at Amal Al Rashdi Advocates and Legal Consultants, argued that the messages could not be reliably attributed to the defendant and that the authenticity of the screenshots was in doubt.

According to the defence lawyer, the telephone number shown in the conversations began with the local prefix “05”, whereas numbers on WhatsApp are generally displayed with the country’s international dialling code, “+971” for the UAE.

Dr Elhais told the court that the discrepancy in the number format raised the possibility that the screenshots had been manipulated or the number altered using image-editing software.

He stressed that the screenshots alone could not prove that the defendant had participated in the conversations or sent or received the messages.

No digital forensic report was submitted to confirm that the conversations originated from the defendant’s mobile phone or WhatsApp account, and no independent technical examination was conducted to verify the messages’ authenticity.

Defendant Denies Knowing Complainant or Receiving Money

The woman denied all allegations from the outset of the investigation, saying she did not know the complainant, had received no money from him and had not participated in the alleged WhatsApp conversations.

Her lawyer said she had denied the allegations and challenged the authenticity of the WhatsApp screenshots from her first police questioning.

She also denied any connection to the telephone number linked to the WhatsApp account in question.

No Credible Evidence of Payment

Another central argument by the defence was the absence of documentary evidence showing that any money had been handed to the defendant.

Dr Elhais said the case file contained no payment receipt, bank transfer record, written agreement or other evidence showing that the complainant had paid the woman any money.

The defence lawyers stressed that to establish breach of trust, prosecutors must first prove that money or property was entrusted to the defendant under a legally recognised relationship of trust, such as an agency arrangement.

They argued that without proof that the money had been handed over, it could not be concluded that the disputed amount had come into the defendant’s possession and was subsequently appropriated for her own benefit.

Inconsistencies in Complainant’s Statements

In its ruling issued earlier this month, the Court of Appeal highlighted inconsistencies in the complainant’s account of the alleged transaction.

The judges said the complainant’s explanations regarding how the money was handed over and the amount involved were neither clear nor consistent.

The court also questioned why the complainant would entrust a substantial sum of money to a woman with whom, according to the available evidence, no established relationship had been proven.

A review of the case found that no evidence had been submitted regarding the complainant’s business activities or any documented transaction between the two parties.

This raised further doubts about the alleged agency relationship and the legal basis on which the money was purportedly handed to the defendant.

Claim of Confession Rejected

The defence also challenged the lower court’s reliance on the defendant’s purported confession.

Dr Elhais said his client had never admitted to committing the offence at any stage of the proceedings.

He said the woman had not been questioned by prosecutors and had consistently denied the allegation in her statements to police and before the Court of First Instance.

The defence argued that the lower court had relied on a claim unsupported by the evidence in the case file.

Court Stresses Need for Conclusive Evidence

The Court of Appeal also found that there was no independent, credible evidence supporting the complainant’s allegations.

The case file contained no reliable financial records, witness testimony or other evidence proving that the defendant had received the money or participated in the WhatsApp conversations.

The judges also noted that the police investigation had failed to independently verify the circumstances of the alleged transaction or establish the authenticity of the WhatsApp messages.

The court stressed that a criminal conviction must be based on credible evidence, proven facts and judicial certainty, rather than mere doubt, suspicion or assumptions.

It added that whenever reasonable doubt exists over the reliability of evidence, that doubt must be interpreted in favour of the defendant.

The three-judge panel of the Ajman Court of Appeal ultimately ruled unanimously that the evidence was insufficient to prove the charge. The lower court’s judgment was therefore overturned, the AED 5,000 fine was cancelled, and the Egyptian woman was acquitted of breach of trust.