On Wednesday, the Nicosia Permanent Criminal Court rejected the defense’s request for a trial within a trial in the case concerning the financial aspect of the scandal at the Holy MonasterySt. Avvakum.

It should be noted that the objection was raised by the defense when the prosecution attempted to present photographs through the first prosecution witness, a police officer who had photographed objects and sums of money as part of the police investigation into the case.

According to the court’s unanimous decision, the defense had argued in its motion that the photographs the prosecution attempted to present depicted items that had been seized without a search warrant by hooded individuals from the Avvakoum.

It had also argued that the second set of photographs consisted of images of a safe from the home of the first defendant’s mother, FZ, as well as photographs of various areas of the monastery, also taken without a search warrant.

The court noted that the prosecution disagreed with the content of the objection, arguing that the key issue is the admissibility of the evidence and adding that the defendants were not residing at the monastery after March 6, and therefore the collection of evidence after that date did not constitute a violation of their rights.

According to the court, there is no common ground regarding the facts cited by the defense concerning the raid by hooded individuals on the monastery or FZ’s residence, and stating that it cannot examine an alleged violation of the rights of third parties.

“We find that the scope and nature of the objection would lead to a fragmentation of the main trial,” the court concluded, ruling against the motion to hold a trial within a trial. It added that this decision does not constitute a ruling on the final admissibility of the matters in dispute, and that any objections will be examined at the appropriate stage of the main trial.

The examination of the witness PK then continued, with the defense attorney for the first defendant, Kostis Efstathiou, raising an objection and arguing that the witness was unlawfully present on the premises when the photographs were taken, while the defense attorney for the second defendant, Maria Kestoros, endorsing Mr. Efstathiou’s position.

In response, the court referred to its decision regarding the trial within a trial and admitted the two sets of photographs as evidence.

Continuing with the witness examination, the representative of the prosecution, Vasilis Bissas, asked regarding the Police Report submitted as evidence whether the witness agreed with his statement that he had selected 138 photographs on March 9, 2024 as Set A, of which he selected 85 on March 13 as Set B, originating from the Metropolis of Tamassos and the Holy Monastery of Avvakoum.

The witness agreed with the report’s statement and indicated that, in booklet B, photographs 1–19 are from the Metropolis of Tamassos, and photographs 20 through the end are from the Monastery of Avvakoum.

At this point, Ms. Kestoros, representing the defense counsel for the second defendant, Eustathios Efstathiou, who was absent, filed a motion to adjourn the proceedings so that the cross-examination of the witness could take place in the presence of Mr. Efstathiou, with Kostis Efstathiou agreeing, adding that a lengthy cross-examination was expected and should not be interrupted.

Mr. Bissas accepted the request to adjourn and continue the cross-examination at the next hearing on July 6.

Consequently, the court scheduled the continuation of the proceedings for Monday, June 6, at 9:30 a.m., and also set the dates of July 8, 13, 20, and 22 July, also at 9:30 a.m., adding that the defendants are to appear under the same conditions.

Source: CNA