Defence raises evidence access issues
The trial concerning the German realtor continued Monday at Nicosia Assizes against a German estate agent accused of advertising and exploiting Greek Cypriot land in occupied areas.
Defence counsel Sotiris Argyrou informed the court that the hard drive seized from the defendant’s German offices required an expert to access. On 17 January, with prosecution assistance, they met Police for hours and obtained a disk containing all electronic files from the raids, over five million documents in German.
Argyrou added they could not access a CD related to M. Neophytou’s testimony provided to the defence.
Prosecution addresses material scope
Prosecutor Anna Matthaiou clarified the CDs contain the defendant’s banking data from a European investigation order and do not relate to today’s witnesses. She stated German documents would feature later, guided by an action log, without using the full volume.
Argyrou countered that the German material procedure is unlawful, proposing a “trial within trial”. He also requested a prison translator for client study and flagged access barriers.
Witness one: Electronic crime examiner
First witness Konstantina Parpa, from the 2024 Electronic Crime Branch, described duties including online investigations, with INTERPOL-CEPOL training.
Parpa conducted web exams for the German realtor occupied land trial, reading her 5 July 2024 response to a German agency’s probe request. It confirmed Eva Kunzel as managing director and founder, with posts advertising holiday complexes in occupied areas, including unit details and attachments.
She presented a CD folder named after the defendant holding her collected files.
Rigorous cross-examination
Under cross-examination, Argyrou asked if she used a certified translator for the German site; Parpa admitted relying on Google Translate to English. She affirmed the ads appeared on the defendant’s site but had not verified the hosting provider, photo authenticity, or specifics like plots/plans/locations – only following her service letter.
Posts listed area names and numbers but nothing further identifying plots or precise sites, she noted.
Witness two: Internet research officer
Next, police officer Christos Chatzivasiliou, 2024 Electronic Crime Administration Branch investigator trained internally and abroad in open-source searches, received a HQ Drug Squad letter to probe the defendant and an associate online.
His July 2024 report detailed social media accounts, a construction firm site, and promotional videos showing occupied holiday complexes’ construction progress with details.
Findings included links to images/info on under-construction complexes, German agency posts for holiday property sales in the north listing Kunzel as owner/managing director, plus her video ads.
Instagram follow-up and objection
Chatzivasiliou presented the contents of the CD, which, according to Matthaiou, included social media accounts, advertisements, photos, and videos of properties under construction or already built in occupied areas, along with associated sales contacts and locations.
Following Matthaiou’s instructions, he also prepared a supplemental report in October 2024 on the defendant’s Instagram activity.
Argyrou objected, claiming that the evidence was being added post-filing to fill gaps, violating the right to a fair trial, breaching the separation of powers, and raising constitutional concerns. The objection was filed the day before the first “trial within a trial” ruling.
Court upholds prosecution move
Attorney Matthaiou rebutted, arguing that the prosecution can instruct the police on omissions without raising impartiality concerns. He noted that the instructions were issued before the court ruling, citing case law that permits investigations to continue after a case is filed. He added that the Attorney General has the authority to conduct further examinations, making the objection unfounded.
President Nikos Georgiades unanimously rejected the objection, stating that no precedent prevents the Attorney General from providing clarifications during a trial and that the instructions were issued in a timely manner. Consequently, the report was admitted into evidence.
The trial is set to resume on Friday, 23 January, at 9:00 a.m., with the defendant remaining in custody.
Also read: Court rejects Kunzel objection in usurpation of GC properties case
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