Custody decision confirmed ahead of trial
The Appeal Court has upheld a detention order issued by the Nicosia District Court, confirming that the accused will remain in custody until his trial before the Criminal Court on 15 May 2026.
The ruling rejected in full the appeal filed by the defendant, who faces a total of 12 charges involving his spouse. The alleged offences span from 2025 to March 2026 and include domestic violence, common assault, threats, actual bodily harm, and deprivation of liberty with intent to cause grievous harm.
Court cites risk of reoffending
The first-instance decision was based on two separate grounds: risk of absconding and risk of committing further offences. The Appeal Court focused primarily on the second, noting that under established case law, the presence of just one of these factors is sufficient to justify pre-trial detention.
A key argument in the appeal centred on claims that the lower court violated the presumption of innocence by taking into account another pending criminal case against the accused.
Defence arguments rejected
The defence argued that the accused had already been released on €5,000 bail in a separate case and had not breached any conditions or interfered with the complainant. Therefore, they claimed, the pending case should not have been considered against him.
The Appeal Court dismissed this argument as unfounded. It stressed that case law clearly allows courts to consider whether an accused allegedly commits new offences while already under bail in another serious case, as this may indicate a risk of repeated offending.
The court clarified that certainty of reoffending is not required; rather, a strong impression of likelihood based on the available material is sufficient.
Pattern of behaviour a key factor
Particular weight was given to the number and time span of the alleged offences. The charges relate to multiple incidents across different dates and periods, which the court said suggests a pattern of repeated behaviour.
It also noted the existence of another pending case of a similar nature involving a different complainant, further reinforcing concerns over potential risk.
Alternative measures deemed insufficient
The defence further argued that the lower court should have considered less restrictive measures, such as issuing a restraining order.
The Appeal Court found that this issue had already been properly examined and justified at first instance. It reiterated that when a real risk of further offences is identified, bail conditions or guarantees may not be sufficient to protect public interest and personal safety.
Public safety takes precedence
The court also referred to established legal principles that, in such cases, the protection of society and prevention of further offences may outweigh the individual’s right to liberty pending trial, provided the necessary criteria are met.
Appeal dismissed in full
In conclusion, the Appeal Court ruled that the lower court had exercised its discretion correctly, within the proper legal framework, and without violating the presumption of innocence.
All grounds of appeal were rejected, and the detention order remains in force until the start of the trial before the Nicosia Criminal Court.
Also read: Assault of 14-year-old: two minors identified, statements being taken
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