Private criminal prosecutions will be filed within two weeks in the case of the death of 26-year-old national guardsman Thanasis Nicolaou, lawyer for the family, Nicos Clerides, told CNA.
Clerides said the preparation of the indictments is nearing completion, with the aim of filing them at the Limassol District Court. The prosecutions will involve seven individuals: state pathologist Panicos Stavrianos, four former police officers who served at Limassol CID at the time of the death and were responsible for the investigation, and two former National Guard officers.
These seven individuals were identified in the findings of criminal investigators Pappas and Athanasiou, appointed by the Council of Ministers, as potentially liable to prosecution.
At the initial stage, the court must accept the filing. Clerides noted that the Attorney-General then has the right to suspend or allow the prosecutions to proceed, particularly if objections are raised by the defence.
“If the Attorney-General deems they should be suspended, he can proceed with a suspension,” Clerides said. “Once the court grants permission, we will proceed. If there is an objection, for example from Stavrianos or another defendant, the Attorney-General can review the request and decide whether to suspend the case.”
Asked about the possibility of the Legal Service rejecting the filing of private criminal prosecutions, Clerides said he did not want to pre-empt the Attorney-General’s stance but expressed hope that the process will be allowed to proceed.
The development comes despite a letter from Deputy Attorney-General Savvas Angelides, which stated the Legal Service’s final position that “there is no sufficient evidence to substantiate the offence of deliberate neglect of duty” by anyone. In his reply, Clerides noted that the Attorney-General “found not a shred of evidence” against Stavrianos.
The family will nonetheless proceed, Clerides confirmed.
The third inquest into Nicolaou’s death concluded on 10 May 2024. Coroner Doria Varosiotou ruled that the death was the result of strangulation.
Thanasis Nicolaou was found dead under the Alassa bridge in 2005. At the time, government pathologist Panicos Stavrianos carried out the autopsy and ruled the death was caused by a fall from height, excluding the possibility of murder.
Also read: Mother releases reports in Thanasis Nikolaou case
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