The Court of Appeals unanimously rejected the appeal filed by monk Sorin Marian Mariuca against the decision to remand him in custody until his appearance before the Paphos Criminal Court on October 7, ruling that there was no error in the trial court’s assessment of the risk of flight.
The appellant faces, among other charges, one count of attempted murder, two counts of acts intended to cause serious bodily harm, two counts of causing injury, as well as two counts relating to the possession of a paper cutter with a blade that had a sharp tip.
ΣΧΕΤΙΚΑ ΑΡΘΡΑ
In its decision dated September 10, the Court of Appeals ruled that the trial court had correctly addressed the issue of pretrial detention, taking into account both the seriousness of the offenses and the potential penalties, as well as the facts regarding the risk that the defendant might fail to appear at trial.
The Court of Appeals refers to the evidentiary material presented before the trial court, which included testimony from individuals who were at the scene, a voluntary statement by the appellant and his description of the scene, as well as a written medical report stating that, had the wound sustained by one of the victims been just two millimeters deeper, it could have been fatal.
He notes that at the pretrial detention review stage, no subjective evaluation of the testimony is conducted, nor is the weight to be attributed to the statements examined.
Furthermore, this is not the stage at which the voluntariness or otherwise of the defendant’s testimony is examined.
Based on the evidence before the Court, the Court of Appeals upheld the trial court’s finding that there was a likelihood of the appellant’s conviction and did not identify any omission that would justify a different ruling.
A central point of the appeal was the claim that the defendant has strong ties to the Republic of Cyprus and, therefore, there was no reason for him to remain in custody.
The appellant is a Cypriot citizen; of Romanian origin, has been naturalized as a Cypriot citizen, and has resided permanently in Cyprus since 2004 as a monk at the Monastery of Saint Neophytos.
He also cited the special relationship he had with his father, who passed away and was buried in Cyprus; he reportedly maintains a daily connection with his father’s grave.
However, the Court of Appeals upheld the trial court’s ruling that, under the circumstances of the case, these facts do not constitute such ties to the place and its people as to act as a deterrent against the risk of absconding.
As noted in the decision, even a finding of ties between a defendant and Cyprus is not sufficient on its own to preclude detention, while it is noted that the crucial issue is the impact that the defendant’s personal circumstances may have on the risk that he will fail to appear in court to face trial.
The Court of Appeals also emphasizes that individual liberty is the starting point and that detention is an exceptional measure.
It found, however, that in this case, the trial court had taken all relevant factors into account and had properly exercised its discretion.
As a result, all five grounds for appeal were found to be unfounded, and the appeal was dismissed in its entirety, with the lower court’s decision to remand the appellant in custody being upheld.
The monk is now expected to appear before the Paphos Criminal Court on October 7, 2026.
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Source: CNA
