The Supreme Court recently ruled on lawyers' use of power of attorney (PoA) to file complaints on behalf of victims who have experienced a breach of trust. The court clarified that providing detailed information about the criminal incident is unnecessary. This decision arose due to a case involving two partners in an LLC who filed a complaint against ex-employees of the company for stealing the money for themself.
Let's examine the case and the potential impact of the Supreme Court's ruling.
Background
A limited liability company filed a criminal breach of trust complaint against seven ex-employees, accusing them of stealing around one million US dollars from the company funds. The complainants gave their lawyer a PoA to file the complaint at Al-Wattia Police Station in Muscat. The public prosecutor then charged the defendants with breaching trust under Article 360 of the Omani Penal Code No. 7/2018 and referred the case to the Court of First Instance in Muscat.
Defense Arguments and Court Decisions
The defence lawyer argued that the PoA used to register the complaint was invalid as it did not mention the details of the incident that led to the breach of trust charge. As a result, the Court of First Instance acquitted the defendants based on article 5/1 of the Criminal Procedure Law No 97/99, which requires that the complaint be registered under a private PoA. The Public Prosecution (PP)appealed this ruling, contending that the PoA that included the defendants' names should be valid as a private PoA. However, the Court of Appeal upheld the Court of First Instance judgement.
Supreme Court's Judgment
The PP further appealed the Court of Appeal's decision to the Supreme Court, presenting the same argument as before. In a departure from the lower court's judgements, the Supreme Court overturned the decision of the Court of Appeal. It determined that the PoA fulfilled the conditions of private PoA since it specified the names of the accused and the defendants failed to provide evidence that the PoA relates to a case other than the case in question. Consequently, the Supreme Court did not accept the defendant's argument that providing detailed information about the criminal incident in the PoA was necessary.
Importance of the Ruling
The Supreme Court has made filing a breach of trust complaint easier within the required timeframe. It is highly beneficial because complainants may only possess some information related to the incident while filing a complaint. Furthermore, administrative staff who lack knowledge about legal formalities may end up preparing a faulty legal power of attorney, resulting in procedural mistakes and giving room for offenders to evade punishment.
However, S&A criminal law team advises including as much detail as possible about the offense in the PoA to avoid any contestation of its integrity and to comply with legal requirements.
Conclusion
The Supreme Court's ruling clarifying the requirements for the PoA in breach of trust complaints provides clarity and flexibility in the legal process. It acknowledges the practical challenges victims face when providing detailed information about the criminal incident when filing the complaint. This decision highlights the significance of following legal regulations while also guaranteeing that victims of a breach of trust have access to justice.
Originally published November 7, 2023.
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