The Court of Appeal unanimously rejected the appeal of a step-father previously convicted by the Paphos Criminal Court for 18 sexual offenses against his minor stepdaughter. The court also dismissed the appeal regarding the imposed sentence, fully confirming the lower court’s ruling.
Background of the case
The offenses occurred during 2018–2019, when the complainant was 13 years old. Charges included:
- Rape
- Sexual abuse of a child through abuse of trust
- Acts of domestic violence
The Court of Appeal reiterated the established legal principle that the trial court is in the best position to evaluate witnesses in the live trial setting.
Appeals and court reasoning
The step-father argued that the Criminal Court had misjudged expert testimony. The Court of Appeal clarified that determining whether the sexual abuse occurred is the ultimate question for the trial judges, not for any expert witness. Experts cannot assess witness credibility; that duty rests entirely with the court.
The court also rejected claims of bias in evaluating testimony from relatives of the complainant. It found that the Criminal Court applied consistent standards in assessing all witnesses.
The appeal further contested the evaluation of the complainant’s testimony. The Court of Appeal found her testimony detailed and credible, leaving no ground for interference. Similarly, it rejected arguments concerning the defendant’s testimony, noting that the lower court had properly explained why it did not accept his account.
Sentence upheld
The Court of Appeal also dismissed the appeal against the sentence. It emphasised that the severity and multiplicity of the offenses, the abuse of trust, and the victim’s age justified the imposed penalties. The court noted that intervention is only warranted if a sentence is manifestly excessive or insufficient or if a legal principle was misapplied, which was not the case here.
The Court concluded that there was no ground to interfere with either the conviction or the sentence, fully endorsing the Criminal Court of Paphos.
Also read: “Kivotos tou Kosmou” founder and staff convicted for abuse
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