The presence and action of the Police last night was intense, throughout Cyprus, with organized patrols in key points of urban areas, with the aim of preventing serious criminal acts, ensuring public order and increasing the sense of security of the public.
As a result of the preventive policing operations, four persons were arrested for various offenses, such as illegal possession of drugs, and traffic violations.
As part of these operations, during the night, 570 vehicles were stopped for inspection and 760 persons on board were checked. At the same time, 49 inspections of premises were carried out, with the aim of dealing with phenomena of delinquency, from which seven complaints emerged.
During traffic checks carried out, 351 complaints were made, concerning various traffic violations, while 13 investigated cases of traffic violations also emerged. As part of the police examinations, 14 vehicles were detained.
Of the complaints made about traffic violations, 75 complaints concerned exceeding the speed limit. Two complaints were made about driving under the influence of alcohol, while three cases of driving under the influence of drugs emerged, after preliminary drug tests. For driving under the influence of alcohol, 126 vehicle driver checks were carried out, while for driving under the influence of drugs, twelve driver checks were carried out.
Policing operations, for the prevention and suppression of crime, continue daily, with an enhanced police presence, targeted controls and immediate operational action, with the aim of protecting citizens and ensuring public order.
* * * * * *
A case of shooting at a moving vehicle took place last night in the Athalassa area of Nicosia, with the Police investigating all possibilities, even attempted murder.
A foreigner of Arab origin came to the Police in the early hours of the morning and complained that while he was driving his vehicle from the area of the University of Cyprus to Athalassa in the direction of Geri, unknown persons shot at him with the intention of killing him.
His vehicle was inspected by Police experts and found to have a number of holes, which were caused by gunshots. With the first light of day, a team of investigators from the Nicosia Police Department with experts from the Criminal Investigation Service, rushed to the scene and is conducting examinations.
The complainant pointed out the spot at the time he was shot, with the police looking for evidence to confirm his claims. The Police are investigating a case of attempted murder, however all possibilities are open since the examinations are in full swing. Until the scene is clear, the Police have not yet issued a statement about the incident.
It is also unknown whether the perpetrators opened fire on the foreigner with a pistol or a machine gun, however efforts are being made to locate shell casings that may also indicate the type of weapon.
* * * * * *
The background of the case investigated by the Police with the suspect of land development entrepreneur Savvas Kakos, as well as his differences with foreign investors that ended up in the form of complaints to the Police, goes back in time and includes several incidents.
This is not only inferred from the latest developments, what the Police are investigating and the counterargument of the lawyer Antonis Dimitriou, who represents the Greek Cypriot land development businessman.
A document in the possession of "F" and in official form, reveals that the history of the case even includes information about planning criminal actions.
According to this, information put before the Police stated that one of the investors involved in the whole case was in danger of a criminal act allegedly planned by two Greek Cypriots. The last two are related to the real estate sector and are related to the present case.
This document was a written warning to the investor, who was asked to sign it and consequently to confirm that the Police informed him of the existence of a threat against him.
In the text in question and under the title "INFORMATION NOTE ON THREATS TO LIFE" specific recommendations/exhortations are made on how he can increase his personal security measures, because as stated it is impossible for the Police to guard him 24 hours a day.
This was not the only case, however. Information brought to the attention of the Cyprus Police brought a foreign investor to directly threaten the physical integrity of a Greek Cypriot businessman. In fact, as our newspaper is informed, the Police had processed information that brought the latter's life to be threatened.
As it is known, the Police are investigating fraud offenses against Mr. Savvas Kakos in relation to developments and yesterday a 4-day detention order was issued.
His lawyer, Antonis Dimitriou, although he had not objected to the relevant request, nevertheless during the court proceedings he cross-examined the Police investigator, indicating that his client had reported illegalities against persons who appear as complainants and reported his client.
Mr. Dimitriou also submitted a note to indicate that Mr. Kakos had made complaints against foreign investors, while he made references to a number of civil cases, wanting to indicate that any complaints to the Police have to do with differences between investors/entrepreneurs in the real estate sector. He also referred to serious criminal offenses committed by some of the complainants.
* * * * * *
The Court of Appeal ordered the release under strict conditions of a 76-year-old defendant, who faces before the Nicosia Criminal Court a total of 29 charges related to an alleged ring of illegal transactions in real estate, accepting his appeal regarding the risk of evasion of justice, while at the same time ruling that there is still a possibility of conviction based on the witness material put before the court of first instance.
The appellant, who was Defendant 3 in the case, faces charges relating to, but are not limited to, conspiracy to commit a felony, conspiracy to defraud, forgery, circulation of false documents, causing the execution of a document by false representations, fraudulent transactions in real estate, securing goods by false representations and money laundering.
The Police had requested that he remain in custody until the start of his trial, citing the risk of evading justice and committing new offenses. The court of first instance had only accepted the claim of a risk of evasion of justice, rejecting the claim that there was a risk of recurrence.
The Court of Appeal initially examined the issue of the possibility of conviction and agreed that the available witness material is sufficient, at this stage of the proceedings, to establish a possible conviction. In its decision, it points out that in detention proceedings the credibility of the witnesses or the defense claims of the accused are not examined, but only whether the testimony, as presented at first sight, supports such a possibility.
Among the evidence taken into account by the court are investigative testimonies of the accused himself, in which he allegedly admits that he forged signatures of his relatives in power of attorney. According to the content of the testimonies, he claimed that he was deceived by his co-defendant, to whom he handed over the documents, claiming that they were then used to sell real estate without the knowledge or consent of the real owners. The court also referred to a testimony by his daughter, who stated that she never authorized her father to dispose of her real estate, as well as a document regarding a receipt of €80.000, signed by the accused.
However, the Court of Appeal held that the court of first instance erred in its assessment of the accused's personal circumstances in relation to the risk of absconding. As stated in the unanimous decision, the seriousness of the charges and the possibility of a severe sentence are not sufficient in themselves to justify detention, without taking into account the specific characteristics of the person concerned.
The Court of Appeal pointed out that the accused is 76 years old, a Cypriot citizen, he resides permanently in the Republic of Cyprus, where his family and property are located, while no connection with another country has emerged. In the court's view, these elements could "tip the scales" in favour of his release on restrictive conditions, instead of continuing his detention.
As a result, the appeal was upheld in terms of the risk of evasion and the Court of Appeal ordered the defendant's release under strict conditions. Specifically, he is obliged to deposit €100,000 in cash or secure a guarantee of equal value with a creditable guarantor, to hand over all his travel documents to the Police, to join the list of prohibitions on leaving the Republic and crossing to the occupied areas, as well as to report four times a week to the Lycabettus Police Station.
* * * * * *
Cyprus Mail
A hearing on a bail application by the father accused of causing the deaths of his two young children after they were left inside a vehicle in the village of Xylophagou was adjourned on Thursday and will resume on Friday morning, after the defence asked the British bases court to allow him to travel to Bulgaria for the children’s funeral and to release him pending trial.
Defence lawyer Christos Theodoulou told the court that the application had two principal aims; firstly, to allow his client to attend the burial of his children in Bulgaria, and secondly, to secure his release pending trial so he could return to work and continue supporting his family.
He argued there was no evidence that the accused would abscond, interfere with witnesses, or fail to surrender to the court if released.
“There is no evidence that he will show any lack of willingness to surrender,” Theodoulou said, adding that his client had no previous criminal convictions, was a first-time offender and had strong ties to Cyprus.
The defence submitted that any concerns over the defendant leaving the country could be addressed through cooperation between the SBA authorities, the Republic of Cyprus and Bulgarian authorities.
Theodoulou argued that the suspect could be placed on travel alert and stop lists, and be monitored through existing international cooperation mechanisms, and that the treaties which established the Republic of Cyprus and the British bases also foresee such cooperation between the authorities.
He further argued that refusing the request solely because the defendant is Bulgarian could amount to discrimination, maintaining that there were sufficient legal mechanisms to secure his return should he fail to come back voluntarily.
The prosecution disputed those submissions, arguing that there is no such legal provision allowing the accused to be placed on a travel alert or stop list belonging to the British bases’ administration, or for him to be electronically monitored once he leaves the jurisdiction.
It also argued that there is no legislation requiring Bulgarian authorities to arrest or return him should he fail to come back to Cyprus.
The court questioned how the SBA authorities would exercise jurisdiction once the accused had left Cyprus, asking what powers they would have if Bulgarian authorities declined to arrest him.
Theodoulou later cited Article 8 of the European Convention on Human Rights, arguing that his client had the right to attend the funeral of his two children. He also referred to principles of international legal cooperation in support of the application.
The defence maintained there was no risk of witness tampering and said the seriousness of the charges alone was not sufficient reason to refuse bail.
The defence also challenged aspects of the prosecution’s evidence, arguing that CCTV timestamps did not correspond with the actual timeline and therefore should not be heavily relied upon.
They further argued that one of the children had been seen getting in and out of the vehicle earlier in the day, contradicting suggestions that the children were unable to exit the car.
Theodoulou also referred to what he described as a failure of the vehicle’s locking mechanism, arguing that this should form part of the court’s assessment of the evidence.
The defence further submitted that the accused supports his family financially, including a five-year-old daughter in Bulgaria and the child’s grandmother, who receives only a small monthly pension, adding that the children’s biological mother did not want the children and wanted to give them to the state but they were instead were taken care of by their grandmother.
The court also heard portions of a statement given by the accused’s partner, read out by the prosecution, describing his relationship with the children and the family’s circumstances.
According to the statement, “after two beers he is fine, but after the third he becomes a different person; he beats me.”
The statement also said that on the day of the incident she had spoken to him while he was drinking beer at work and had decided to leave him.
The hearing was adjourned until 10.30am on Friday, when both sides are expected to complete their submissions before the court delivers its ruling on the bail request.
The father remains in custody pending trial. A plea hearing has been scheduled for September 22, while a trial is due to begin on November 30 should he plead not guilty.
