On Monday, the Nicosia Permanent Criminal Court rejected the defense’s motion regarding the submission of specific evidence in the case of the Avvakoum Monastery, ruling that the new motion essentially reintroduces in essence, issues it had already examined in its interim decision of July 1, and that the legality, authenticity, and chain of custody of the evidence would be assessed during the trial on the merits of the case.

The objection concerned the submission of specific pieces of evidence by a witness for the prosecution, with the defense arguing that the legality of their acquisition had not been proven, nor the unbroken chain of custody until they were turned over to the police. At the same time, the defense argued that some of the items had been seized unlawfully and that their admission as evidence was not permissible at this stage of the proceedings.

In reading the unanimous decision, Senior District Judge Christos Raspopoulos recalled that the Court had already examined similar arguments raised by the defense in its interim decision of July 1.

That decision was issued following a motion by the defense to hold a trial within a trial, which had been filed when the Prosecution attempted to submit photographic evidence, with the defense arguing that it had been obtained through the unlawful removal of items from the Monastery and other locations.

As the Court recalled, it had ruled at the time that examining these allegations at that stage would fragment the main trial and that the defendants could not base their objection on an alleged violationof the rights of third parties.

“With this new objection, the defense has not added anything that would alter our above ruling,” stated Mr. Raspopoulos, adding that the objection essentially raises the same issues that were addressed in the July 1 decision.

With regard to the allegations concerning the chain of custody of the evidence, the Court ruled that the witness, as the person in possession of the items, may present them before the Court, while issues concerning the legality of their acquisition, the unbroken chain of possession, and their authenticity “must be examined during the main proceedings.” At the same time, it clarified that this decision “does not deprive the defense of the opportunity to challenge them subsequently.”

Regarding the defense’s invocation of Article 35 of the Constitution, which imposes on state authorities the obligation to ensure respect for and the effective application of fundamental rights, the Court ruled that this requires invoking a specific constitutional provision that has been violated and that “a mere invocation of Article 35 is not sufficient.”

Furthermore, with regard to Article 110 of the Constitution, which enshrines the autocephaly of the Church of Cyprus, he noted that, as the relevant argument was formulated by the defense, it cannot lead to the immediate exclusion of the specific items in question. At the same time, it noted that neither the identities of the persons whose rights were allegedly violated nor the manner in which the rights of the defendants themselves were affected had been clarified.

In conclusion, the Court rejected the defense’s objection and allowed the submission of the specific evidence, clarifying, however, that this decision does not rule on their legality.

After the decision was read, the Prosecution proceeded to submit the disputed evidence through Police Officer A.X., with the hearing continuing with her direct and cross-examination.

Meanwhile, the representative of the Prosecution, Vasilis Bissas, informed the Court that the sum of 806,660 euros, which constitutes evidence in the case, remains in secure custody at the Police Mobile Rapid Response Unit. The defense agreed to this, and a relevant receipt for delivery and receipt was submitted as evidence.

During the cross-examination of the witness, the defense attorney for the first defendant, Kostis Efstathiou, focused on how the evidence was received and stored. The witness stated that she received them on July 13 from a police sergeant along with the list of evidence, without making any changes to them. She further clarified that she did not receive the sum of 806,660 euros herself, but only the receipt certifying that the money is in police custody.

The proceedings will resume on July 22 at 9:30 a.m., with the testimony of a new witness for the prosecution. The two defendants remain free under the same restrictive conditions.

It should be noted that monks Nektarios and Porphyrios face, among other charges, conspiracy to defraud, forgery, and use of forged documents, theft by an agent, illegal possession of property, money laundering, obstruction of justice, and filing a false tax return. Both deny any involvement and have not admitted to any of the charges they face.

Source: CNA