New details emerged on Thursday in the case involving the deaths of two brothers aged 8 and 10 who were found dead inside their stepmother’s car in Xylofagou on June 28.
During a hearing before the Sovereign Base Areas Court, held via videoconference, defence lawyer Christos Theodoulou requested permission for the boys’ 30-year-old father to travel to Bulgaria to attend their funeral.
During his submissions, Theodoulou challenged the findings of expert investigators, which, according to Philenews, indicated that one of the vehicle’s doors remained unlocked despite the car being locked.
Experts concluded that the children entered the vehicle through that door before becoming trapped inside after the child safety lock was activated.
However, the defence argued that CCTV footage showed one of the boys entering the vehicle, exiting it, and then getting back inside.
“This contradicts the experts’ findings that there was a fault with the vehicle’s locking system,” Theodoulou argued.
It remains unclear whether the door was closed after the child exited the vehicle.
Defence rejects negligence claims
The defence also strongly rejected allegations that the father, who faces two charges of causing death through a reckless and negligent act, behaved irresponsibly by leaving the children unsupervised.
According to the lawyer, the children were being watched by the father’s brother and cousin.
“The family’s circumstances must be taken into account,” Theodoulou said.
“The father had to work Sundays because of financial difficulties. The children’s mother did not want them and they were raised by their grandmother. He had two choices: leave them in state care or bring them to Cyprus.”
The defence also asked the court to allow the father to travel to Bulgaria under escort by either SBA Police or the Republic of Cyprus Police.
Citing Cyprus’ International Cooperation in Criminal Matters Law of 2021, the lawyer further requested that his client be released under conditions, arguing that he risks losing his job and needs to financially support his other child.
Prosecution opposes requests
The prosecution rejected both applications, arguing that no legal mechanism exists for Republic of Cyprus authorities to enforce orders issued by the Sovereign Base Areas Court.
The prosecutor said cooperation exists between SBA Police and Cyprus Police, but not the legal framework requested by the defence.
The prosecution also opposed conditional release and the request to attend the funeral, telling the court that after finishing work on the day of the tragedy, the father allegedly went to a kiosk to consume alcohol instead of returning home.
Part of the stepmother’s original police statement was also read in court, in which she allegedly claimed that her partner became violent when drinking.
“When I got home that day, he told me on the phone he was at a kiosk, would have a beer and then come home. I packed my clothes into two suitcases to leave, and then I found the children,” she reportedly stated.
The defence noted that this statement was later withdrawn.
Hearing continues on Friday
Senior Judge Brian Cummings KC, who presided remotely from the United Kingdom, adjourned the proceedings until Friday at 10:30am.
Only the prosecutor attended the courtroom in person, alongside journalists and relatives of the accused. The father’s lawyer addressed the court remotely from his office in Larnaca, while the accused followed proceedings from SBA prisons with the assistance of an interpreter.
The Xylofagou case relates to the deaths of the two children, who were left without supervision after their father left for work in Limassol early on the morning of June 28. Their 38-year-old stepmother also left for work that morning. She was initially arrested but was later released without charge.
The father is alleged to have left for work at around 4:30am and, according to the SBA Criminal Investigation Department, failed to return home after finishing work, instead travelling elsewhere.
Investigators have also examined CCTV footage that recorded the movements of the two boys before the tragedy.
Also read: Xylofagou: Witness claims father finished work and went to buy alcohol
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