Can one be charged and convicted solely on evidence from a computer user trail?
Before anyone can be found guilty of a criminal offence it must be proven “beyond all reasonable doubt”. When the bank actually state that he is responsible for all activities which are carried out under his name this may be an internal policy of the bank in question. In order to be found guilty of theft the state of mind of a defendant must be intentional. You cannot steal recklessly or negligently, although these states of mind can cause a person to incur criminal liability for other crimes – e.g Criminal Damage. I cannot see on the evidence the police have so far how any prosecution could take place and succeed at this stage without other substantial evidence. It is highly likely, as you point out, that someone unauthorised to use his password and login details accessed the computer and committed the fraudulent act. Also, in todays world of advanced computer technology was the computer accessed from an external source i.e. hacked? Even if your flatmate was negligent with his passwor
