Former President of Kuwait’s Supreme Judicial Council, Counselor Mohammad bin Naji, and Dr. Musli Al-Adwani appeared before the Abdeen Appeals Court as defense lawyers for Abdullah Al-Shahin and others in a dispute involving shares in Egyptian Iron and Steel.
The defense maintained that the allegations of forgery and misappropriation were unfounded and indicated that it was preparing an appeal before Egypt’s Court of Cassation.
Defense: ‘The complainant signed the documents himself’
The defense argued that the disputed transfer forms were issued by the bank and circulated through its employees, stressing that the complainant personally signed the applications and handed them to his authorized representative.
It maintained that anyone alleging that the representative exceeded the limits of his authority must provide evidence to establish that claim.
Transfers underwent full banking and regulatory procedures
According to the defense, the disputed transfers were carried out in the presence and with the knowledge of bank employees and management.
The transactions passed through the relevant branch, specialized departments, legal affairs, compliance department and regulatory authorities, without objections being recorded concerning the validity of the documents, the defense argued.
Five releases and powers of attorney remained valid until 2021
The defense further argued that the complainant had signed five separate releases discharging Al-Shahin and the other appellants from liability, using both his signature and fingerprint.
It also pointed to powers of attorney that remained in force until 2021, despite the disputed events dating back to 2018.
231 million Egyptian pounds paid from private funds
The defense said that 231 million Egyptian pounds had been paid from private funds, in addition to taxes paid through recorded bank checks.
It cited these payments in support of its argument that there was no intention to misappropriate funds.
Nine witnesses cited in appeal papers
The defense also relied on testimony from nine witnesses affiliated with the Central Bank of Egypt, the Administrative Control Authority, the bank and Hermes.
It said the substance of their testimony would form part of the grounds to be presented before the Court of Cassation.
Defense challenges expert report
The defense challenged the expert report, arguing that it did not conclude that the disputed document had been fabricated.
It also maintained that describing the signatures as having been “copied from a genuine original” did not, in its view, establish that the document itself had been fabricated.
The defense further pointed out that the materials submitted for examination were photocopies rather than original documents.
Appeal to Court of Cassation being prepared
According to the defense, the forthcoming appeal will rely on several legal grounds, including what it described as the failure to address substantive defenses and the inability to properly examine an evidence witness. The defense also plans to rely on documents authenticated before the Qatari Ministry of Justice.
The arguments presented by the defense represent the position of Al-Shahin and the other appellants in the case and remain subject to the court’s consideration and ruling.
