Monday, July 14, 2025

TAKATA REPORT - FOUR FORMER OFFICIALS BEING INVESTIGATED FOR CRIMINAL RESPONSIBILITY

 Filenews 14 July 2025 - by Angelos Nicolaou



Serious findings, which even touch on the possibility of criminal offenses, are recorded in the conclusion of the Investigative Committee on the case of the dangerous Takata airbags and their management by the Department of Road Transport (TOM), which was handed over to the Attorney General of the Republic last Friday.

The Committee, chaired by Michalakis Christodoulou, explicitly notes that since 2017 there has been a significant change in the policy of the TOM, with the issuance of a new circular that exempts Manufacturers' Distributors (DTCs) from any responsibility for the recalls of used vehicles.

This circular, unlike the previous one of 2011, which provided for the liability of the ITCs for all vehicles without exception, left a gap of protection for the owners of "grey" vehicles, who, from 2017 onwards, were no longer informed about the recalls and there was no control system or obligation to repair.

The Investigative Committee directly states that the change of policy may constitute an abuse of power, as the TOM had no competence to shoulder responsibilities from the ICCs, which, according to the Committee, is the competence of the Parliament.

The Commission therefore asks the Advocate General to consider criminal liability for persons involved in the formulation or implementation of the 2017 Circular. Essentially, the then Minister of Transport and Works, Marios Dimitriadis, the then Director General of the same Ministry, Alekos Michaelides, the then Director of the Transport Authority, Sotiris Kolettas, and the later Director of the Transport Authority, Yiannis Nikolaidis, who signs the relevant circular on behalf of the Director, will be investigated.

In this context, Marios Dimitriadis seems to be directly involved, for whom it is recorded that there are conflicting testimonies as to whether he had knowledge or gave directions for the issuance of this specific circular. The Commission leaves open the possibility of a criminal investigation into his role, as well as about Alekos Michaelides, who was notified of the circular in question and therefore should have been aware of the matter. It is noted that before the Committee, both Mr. Dimitriadis and Mr. Michaelides, argued ignorance due to their failure to be informed by the TOM, while there is a note in the relevant letter that the circular in question was communicated to the then Director General and, in addition, there is testimony that the Ministry was aware of the matter, as well as other testimony that the 2017 circular was not only known to the Ministry, but it seems that the Ministry also participated in its formation. As it is characteristically stated, "... some instructions were also given by the Minister on various issues related to the specific issue". Therefore, the Investigative Committee considers this dimension as the subject of a possible investigation procedure, in the event that the offence of abuse of power under Article 105 of the Criminal Code may arise.

Special reference is made to the persons of Mr. Koletta and Mr. Nikolaidis, who served as directors of the TOM for a long time. The Commission blames serious omissions and unforgivable inaction, despite continuous warnings since 2013 about the danger of Takata airbags.

According to the finding, both adopted the erroneous and dangerous perception that the only obligation of the TOM was to communicate updated data of the owners to the ICCs. The Commission notes that this is contrary to the legislation and especially to Article 8(4) of the Law on the Type Approval of Vehicles, according to which the Competent Authority must take immediate measures in case of risk.

Despite the heaps of notifications from the Consumer Protection Service, citizens, and the TOM itself, the two directors did not take any substantial measures, resulting in the loss of valuable time and tragic consequences.

The inaction of the competent services had tragic results. Three accidents in Cyprus are attributed to the problematic Takata airbags, including the death of 24-year-old Kyriakos Oxynos in 2023 and 19-year-old Styliani Giorgallis in 2024. In 2017, a 19-year-old was seriously injured and suffered permanent facial deformity.

The information of the public, according to the Committee, essentially began only after the death of Kyriakos Oxynos, when his mother highlighted the issue with public interventions. Despite the claim of the then director that the TOM had informed the public since January 2023, the Commission rejects this claim as false.