Supreme Court overturns conviction and prison sentence
The Supreme Court of Cyprus has acquitted a driver who had been convicted at first instance over a Limassol fatal crash, ruling that the original verdict was unsafe due to deficiencies in the evaluation of evidence.
The case related to a deadly traffic collision that occurred on 24 August 2019 on the Kantou–Souni main road. The driver had initially been found guilty of causing death by a reckless, careless or dangerous act, as well as driving at a speed dangerous to human life, and was sentenced to two and a half years in immediate imprisonment.
Five vehicles involved in complex collision
The incident involved five vehicles and resulted in the death of one driver, with several other people seriously injured. At first instance, the Limassol District Court concluded that dangerous speed formed part of the same criminal conduct that led to the fatal outcome.
The road where the collision occurred is a two-way route with no street lighting at the specific location, featuring a downhill stretch and a curve that significantly limits visibility. At the time of the crash, three vehicles were travelling in the Souni–Kantou direction, while two were heading from Kantou towards Souni.
How the fatal crash unfolded
According to the findings presented at trial, a BMW travelling towards Souni suddenly faced a risk of collision and its driver made an abrupt manoeuvre to the right, entering the opposite lane. The BMW then collided almost head-on with an oncoming Chevrolet.
The impact was severe, causing the Chevrolet to veer off course and partially into a roadside ditch. Its driver sustained fatal injuries and later died. The BMW continued spinning after the initial impact and subsequently collided with a Volkswagen Golf travelling behind the Chevrolet.
Almost simultaneously, a Suzuki following the Golf collided nearly head-on with a Volkswagen Tiguan approaching from the opposite direction. That collision occurred in the Tiguan’s lane, leaving both vehicles badly damaged and off the roadway.
Several people were injured, some seriously, while the road remained closed for hours as police conducted investigations. No eyewitness was able to provide a complete account of the moments leading up to the first collision.
Appeal highlights flaws in evidence assessment
The defence lodged an appeal on nine grounds, most of which challenged how the trial court assessed and weighed the evidence.
In its ruling, the Supreme Court found that the first-instance judgment relied almost entirely on the testimony of the police investigator, without a sufficiently reasoned comparison with the evidence provided by the defence’s expert witness. The rejection of the defence expert’s testimony was described as general and vague, lacking a clear explanation of which factual assumptions were incorrect or why the conclusions were unreliable.
Crucially, the Court also noted that none of the drivers or passengers involved testified that they had seen the appellant overtaking or driving at excessive speed.
Conviction set aside, full acquittal ordered
The Supreme Court described the overall evaluation of evidence by the trial court as “problematic and deficient,” concluding that the resulting findings were unsafe. It stressed that where lingering doubt remains as to the correctness of a conviction, an appellate court has a duty to intervene.
As a result, the appeal was upheld, the conviction and sentence were quashed, and the driver was fully acquitted and discharged. While a retrial would normally be considered in such circumstances, the Court ruled this inappropriate given that the appellant had already served almost the entire prison sentence.
Also read: NOTAM in Cyprus FIR and US ships step up readiness over Iran
For more videos and updates, check out our YouTube channel
