Missing the Point...
The point here is not that facial recognition software, if it even existed, misidentified the person, it's that the claimants identity was incorrectly linked to his image from the earlier incident.
I don't actually believe there is any software involved. It would be reasonable practice to review the CCTV manually after a theft (or multiple thefts) and look for "known" faces. I'd say Apple, and the Police, had reasonable grounds to suspect Bah of the thefts. The failure was the original store accepting an invalid document for ID purposes (if indeed that's what happened).