Missing witnesses in Al Jazeera case spark tension at briefing

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The Cyprus appeal acquittal decision follows the announcement by the Law Office that it will file an appeal against the Nicosia Criminal Court ruling which cleared former defendants Dimitris Syllouris and Christakis Giovani.

Speaking to journalists, Law Office spokesperson Polina Efthivoulou stressed that judicial decisions are fully respected. However, she said this respect does not remove the right to disagree or to use procedural remedies provided by law, such as an appeal.

She noted that prosecutors have already examined the majority ruling and identified what they consider judicial errors, which will be presented before the Court of Appeal. She added that the acquitted individuals retain the full right to present their own arguments.

Presumption of innocence and minority ruling

Efthivoulou reiterated that the presumption of innocence remains absolute and is not affected by the decision to appeal. She described the appeal process as an institutional legal right rather than a challenge to this fundamental principle.

Regarding the minority judgment, she said it had not yet been formally received by the Law Office at the time of the briefing but would be shared with the media once available. According to recorded information, minority judges had concluded that the two defendants should have been convicted on one of the three charges they faced.

Video evidence ruled inadmissible

Particular emphasis fell on the widely discussed video material. Efthivoulou explained that although the footage was publicly broadcast and viewed by the public, the court could not accept it as evidence because it had not been obtained lawfully.

In criminal proceedings governed by strict evidentiary rules, any material produced through illegal recording cannot be admitted as testimony. She illustrated this with a simple example, noting that recording a conversation without consent prevents its judicial use.

Instead, prosecutors sought testimony from individuals involved in the recorded conversations. After extensive efforts, two people became witnesses in the criminal trial, supporting charges linked to the Al Jazeera revelations.

Witness complications and suspended charges

According to court records cited during proceedings, one key witness had given five police statements considered substantial by the prosecution. However, before the hearing began, the witness travelled to the United Kingdom citing health issues.

He initially expressed willingness to testify, including via videoconference, but later referred to threats against his life without clarifying their source and said he would not return to Cyprus. Despite a court order allowing remote testimony, he ultimately refused to testify and even indicated he would switch off his phone to avoid further contact.

British authorities later confirmed he would not provide testimony, leaving prosecutors unable to present his evidence in court. All correspondence with the witness had been disclosed to the defence in line with procedure.

A second key witness, a journalist connected to the Al Jazeera report, had earlier travelled to Cyprus and provided written statements in April 2021. He later confirmed willingness to testify, including remotely. However, communication eventually ceased, and later contact revealed he was no longer willing to appear in court.

Authorities attempted to locate him through international channels including Interpol and Europol without success. As a result, the Attorney General instructed the suspension of the related charges.

Disagreement over influence-peddling charges

Efthivoulou also referred to two additional charges concerning trading in influence, offences introduced into Cypriot law under a Council of Europe anti-corruption convention aimed at safeguarding the independence and impartiality of public administration.

She said the Law Office disagrees with the trial court majority’s approach to these charges and will challenge the reasoning through the appeal.

Broader message on justice system role

In a strongly worded statement, Efthivoulou said her appearance aimed to convey the position of criminal law officers who handle hundreds of serious cases daily across Cyprus courts. She highlighted cases involving organised crime, terrorism, sexual offences, crimes against minors and drugs, as well as threats and attacks against justice system officials.

Responding to criticism directed at the Law Office, she said transparency – not silence – was the goal, emphasising that prosecution decisions follow careful evaluation and that many cases never proceed to formal charges.

She added that in other citizenship-related cases, one ruling has already been overturned on appeal with a retrial ordered, another appeal judgment is pending, and the present case will now proceed to appeal.

Concluding, she stressed that the prosecution’s aim is not convictions themselves but the correct administration of justice. “If someone is innocent, they should be acquitted; if guilty, convicted,” she said, adding that prosecutors dispute the majority view that no substantial evidence was presented and will argue this fully before the Court of Appeal.


Also read: Lawyer describes acquittal in Al Jazeera case as “largely expected”
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