No violation of rights within the investigation of the G. Giannaki case, the prosecution says, the protection requests a trial inside a trial – The subsequent trial is about for November 15
It’s “fully irrelevant” what the Auditor Normal did, the prosecution instructed the court docket on Wednesday in relation to the case of the previous Volunteer Commissioner, Giannakis Giannakis, rejecting a preliminary objection by the protection, to notice that the investigation was carried out by the Police, concerning the complaints and there’s no query of violation of constitutional rights.
On November 15, the Court docket is predicted to announce the process for the case, with the protection requesting a trial inside a trial and the prosecution rejecting it.
In as we speak's listening to on the District Court docket of Nicosia, the Authorized Service ordered the place of Mr. Giannakis's lawyer, Giannis Polychronis, to be held as a trial inside a trial, because the latter had raised an objection, citing studies from the Lawyer Normal concerning the investigation of the Giannakis case. a part of the previous Auditor Normal, in the course of the current process requesting the suspension of Odysseus Michaelides on the Supreme Constitutional Court docket.
Decide Nicole Grigoriou stated that we should always “improve pace, and never get entangled in complicated procedures”.
Mr. Polychronis instructed the court docket that there’s a query of admissibility of the testimony and that the place of the accused is that the Police investigation got here from the grievance of the Auditor Normal which violated his rights.
He additionally stated that he anticipated there could be widespread floor with the opposite facet when it comes to what the Lawyer Normal talked about within the former Auditor Normal's suspension case, but it surely seems, he added, that there is no such thing as a widespread floor.
On behalf of the Authorized Service, Polina Efthyvoulou, reported to the court docket that it was “procedurally unacceptable” and “imprecise” the way in which the protection lawyer acted in his earlier purchases.
He stated that reference is made to Mr. Polychroni's objection for “nameless info for interrogation, investigation”, noting that Mrs. Efthyvoulou famous that the investigation was carried out by the Police, and referred to “incoherent objections” to the proof collected by the Police and “absurd argumentation”.
“What the Auditor Normal did is totally irrelevant,” he added, noting that “what pursuits us” is the rationale for an investigation and whether or not the Police did the investigation correctly. He referred to the procedures adopted within the Republic of Cyprus with regard to the investigation of complaints, noting that the authorized process was carried out by the Police on this explicit case.
He stated there may very well be no trial inside a trial and no questions of constitutional violations had been raised.
He additionally acknowledged that the European Directives, which had been invoked by the protection counsel, had in each manner been revered by the competent investigative authorities.
Protection counsel's 'fruit of the toxic tree' argument [Σ.Σ. νομική ορολογία για παράνομα αποκτηθέντα αποδεικτικά στοιχεία] it’s “completely irrelevant” to the current proceedings which the Court docket is known as upon at this stage to adjudicate, he famous.
The subsequent listening to was set for November 15 at 10.30 am.
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