Ex-Defense Minister acquitted as Prosecution appeal rejected

KUWAIT CITY, Sept 14: The Court of Cassation, presided over by Judge Sultan Bouresli, rejected the appeal of the Public Prosecution and upheld the verdict of the Special Tribunal for Ministers, which acquitted former Minister of Defense Sheikh Khaled Al-Jarrah and others of causing financial loss to the Ministry of Defense—amounting to €124 million—based on a training contract for Eurofighter pilots, reports Al-Seyassah daily. The Special Tribunal for Ministers previously acquitted the defendants of charges outlined in the first count of the case.

These charges concerned suspected misappropriation of public funds and the failure to obtain approval from regulatory bodies before concluding a memorandum of understanding (MoU), as well as issues regarding the duplication of pilot training services between the MoU and the aircraft procurement contract. The Public Prosecution charged the defendants— comprising the former Minister of Defense, head of the Armament and Procurement Authority, head of the Eurofighter Typhoon Fighter Jet Committee and two committee members—with misconduct.

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As public officials tasked with safeguarding the interests of the Defense Ministry during the fighter jet procurement process, they concluded an MoU with the Italian government that covered training services for pilots and ground crews. According to the charges, the defendants signed a contract with the Italian company to purchase Eurofighter jets that included the same services specified in the MoU. The prosecution argued that this action imposed financial obligations on the state, caused a loss of €124 million to Ministry of Defense and conferred an undue benefit upon the contracting party. The prosecution also charged the defendants— except one—with concealing information regarding the MoU concluded with the Italian government. The Public Prosecution stated that one defendant failed to include the aforementioned data in his response to the Secretariat General of the Council of Ministers regarding the dispute between the State Audit Bureau and the Ministry of Defense concerning the Eurofighter procurement contract, as his response merely expressed the desire of the ministry to proceed with the contracting procedures. Furthermore, three defendants were charged with failing to address said information during the Council of Ministers’ Public Services Committee meeting (No. 2016/8)—which was convened to discuss the procurement contract—as detailed in the investigation records.