In connection with a complaint alleging physical violence against Stylianos in 2013, as well as a subsequent report to the police regarding his mother’s fears for her physical safety, two police officers testified on Friday before the Nicosia District Court in the case of the minor’s death in September 2019.
During today’s proceedings, Sergeant T.N. and Police Officer H.T. testified, referring to incidents that had occupied the police in 2013 and concerned Stylianos’s family.
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Before the sergeant’s written testimony, dated July 20, 2020, was read aloud, the defense attorney for Stylianos’s father, Konstantinos Kazantzis, raised an objection, arguing that the statement included a reference to his client’s previous conviction, which, in his view, was irrelevant to the case at hand. He also noted that the facts pertaining to the prior conviction had already been examined by another court.
For her part, the representative of the Prosecution, Elena Konstantinou, stated that the prior conviction had already been brought before the Court in this specific case, adding that the first defendant has so far been portrayed as a loving father and not an abuser, as his good character is being highlighted. He argued that the Prosecution may present evidence to refute such claims, adding that the Court will ultimately decide which evidence to take into account.
The Court rejected the defense counsel’s objection and admitted the witness’s written statement, ruling that it could not be excluded a priori due to the reference to a prior conviction. As the Court noted, the presentation of evidence regarding prior convictions “does not necessarily lead to the defendant’s conviction, nor does it affect the presumption of innocence.”
She added that “the significance of the specific evidence that may be derived from prior convictions should be examined in the context of the entire testimony to be presented in court.” “Therefore, I believe that the witness’s testimony should be admitted and evaluated in light of the totality of the circumstances,” he noted.
This was followed by the direct examination of the sergeant, who served at the Pera Chori–Nisos Police Station from 2012 to 2014. She read her testimony, which described a complaint filed by Stylianos’s mother on May 14, 2013.
According to the statement, the mother had gone to the police station with her three minor children, accompanied by a Social Welfare Services (SWS), to report that the previous day, on May 13, her husband had struck Stylianos in the face with his hand while they were at the farm.
As she reported, when she intervened to stop him, her husband attacked her and pulled her by the hair. After the incident, Stylianos reportedly left the farm on foot, while the mother cited the death of a sheep as the reason for striking the child.
According to the witness, following the complaint, Stylianos and his mother were taken to the hospital for examinations. Stylianos was found to have “a contusion on the left cheek,” while no visible injuries were found on the mother.
The witness stated that, following the complaint, procedures were initiated to take a videotaped statement from Stylianos. However, as she explained, the mother decided that the child would not give a statement, saying that “she doesn’t want to create more problems for her son, and it’s a emotionally draining situation for the child to have to remember what happened with his grandfather.” Nevertheless, Stylianos ultimately gave a videotaped statement on July 7, 2013, following written consent from a YKE official.
The witness also stated that on December 3, 2014, the father was sentenced by the Nicosia District Court to three months’ imprisonment, suspended for three years, for assaulting the minor, while the mother withdrew her own complaint against him.
In response to a question from the representative of the Prosecution regarding the procedure for obtaining consent for a video-recorded testimony from a child, the witness stated that, in the event the parents do not give their consent, it may be obtained by the Child Protection Services.
During cross-examination by Mr. Kazantzis, the witness clarified that she was not present when Stylianos’s videotaped testimony was taken. The defense attorney pointed out to the witness that she could not confirm whether the mother had given verbal consent for the statement to be taken, to which the witness replied that written consent had been provided by the Criminal Investigation Division.
When asked why the father had not been arrested, the sergeant stated that a preliminary statement had been taken and that he had been brought before a court, where he was sentenced. The defense attorney presented the witness with the argument that, if the police considered the case dangerous and believed the family was at risk from the father, they would have proceeded to arrest him; the witness replied that the instructions given by the officer in charge had been followed.
When cross-examined by the defense attorney for the second defendant, Stylianos’s mother, Angelos Ioannou, the witness clarified that the decision to pursue criminal charges was based on both the mother’s testimony and that of Stylianos himself. Regarding the issue of consent, she stated that, according to standard procedure, written consent on a specific police form must be obtained before a videotaped statement can be taken.
Next to testify was Police Officer H.T., who was stationed at the Kokkinotrimithia Police Station in 2013.
According to his written statement, on October 18, 2013, he received a phone call from an officer with the Criminal Investigation Division (YKE), who informed him that Stylianos’s mother had contacted her and expressed fears for her physical safety, as her “ex-husband,” as she called him, referring to Stylianos’s father, had visited her parents’ home in Kokkinotrimithia, where she was staying with her children at the time.
The witness stated that police officers went to the scene and spoke with the mother, who told them that the two of them were having a friendly conversation and that, if she needed anything from the police, she would contact them.
During his cross-examination by Mr. Kazantzis, the witness stated that he did not recall whether the father was at home when the police officers arrived. He also agreed that he could not rule out the possibility that his mother had lied about his father being there.
Subsequently, in response to questions from Mr. Ioannou, the police officer stated that this was the only incident he had dealt with involving that particular family during his service at the Kokkinotrimithia Police Station. He added that, following the incident, there had been no further contact with the mother.
The proceedings will resume on Monday at 11:00 a.m.
Source: CNA
