The realities are leading to the “murder” of the case concerning the findings regarding the book *State Mafia*, criminal law expert Yiannis Ioannou told CNA, arguing that it is “doomed to failure from the outset.” At the same time, he referred to the need for an immediate amendment to the legislation governing the operation of the Anti-Corruption Authority.

Mr. Ioannou initially noted that the Anti-Corruption Authority has no authority to conduct criminal investigations into the case, but only examines the possibility that offenses have been committed.

As he explained, since the terms of its mandate are limited to examining the possibility of such offenses, it cannot reach absolutely certain conclusions. “This is precisely where the use of the term ‘balance of probabilities’ is justified,” he noted.

He also noted that “all legal experts who have expressed their views agree that the Anti-Corruption Authority must have sufficient powers to carry out primarily investigative work and to be able to reach reliable conclusions regarding whether or not offenses have been committed, without resorting to the balance of probabilities.”

““I therefore believe that the first step that should be taken is to amend the relevant legislation so that the Anti-Corruption Authority is not merely for show, but for action,” says Mr. Ioannou.

Referring next to the role of the Attorney General, he said that “a serious legal expert must identify the gaps in the entire process. Is it acceptable for such extensive powers to be concentrated in a single person? The answer is yes. These powers belong to the Attorney General.”

Citing the case of Rikkos Erotokritos as an example, he explained that “the then-Attorney General, Costas Clerides, signed—as his own decision—the appointment of an independent private public prosecutor.”

“Only the Attorney General can appoint a private public prosecutor. No one can strip the Attorney General of his powers,” he added.

“The Prosecutorial Council is not mentioned anywhere in the legislation and cannot issue any instructions, since the Attorney General and the Deputy Attorney General have recused themselves,” he added.

“Will the Prosecutorial Council replace the Attorney General without any legislative provision? There is no such procedure,” he said.

“The realities of the situation lead, both procedurally and substantively, to the ‘murder’ of this particular case. This case is doomed to failure from the outset; that is my humble opinion,” noted Mr. Ioannou.

“There must be an immediate amendment to the legislation concerning the Anti-Corruption Authority, to provide legislative support for the authority to move forward and complete this specific task.”

As Mr. Ioannou stated, a specific bill has been submitted by MP Michalis Paraskevas to the Legal Affairs Committee. “If there is unanimity, it will immediately be referred for a vote at the next plenary session of the House,” he said.

“If there is still an amendment, the Attorney General will either have to withdraw his recusal and sign off on any proceedings under the new legislation, or he will have to resign,” he explained.

Finally, when asked about the role of the police, Mr. Ioannou stated that “If, under the new legislation, the Anti-Corruption Authority needs the police’s assistance, it will request it and receive it.”

“Undermining institutions benefits no one,” he concluded.

Source: CNA