prosecuting the cyprus deputy attorney general: a unique case. · ii) in return for the above...

Prosecuting the Cyprus Deputy Attorney General:

A Unique Case.

Elias A. Stephanou Lawyer

Outline

w w w . s t e p h a n o u l l c . c o m

Outline of corruption case against Dep. AG (Factual and Legal Framework of Prosecuting Corruption Cases 64/17, 66/17 and 68/17) Outline of corruption case against Dep. AG (Factual and Legal Framework of Prosecuting Corruption Cases 64/17, 66/17 and 68/17)

Case Preparation (Investigative and Prosecution Actions) Case Preparation (Investigative and Prosecution Actions)

Analysis of Case Hearing (Before District Court and Supreme Court) Analysis of Case Hearing (Before District Court and Supreme Court)

Conclusion: Prosecution mindset and challenges Conclusion: Prosecution mindset and challenges

Case Background


The Role of the Attorney General

Legal Framework for Prosecution by Private Individuals in Cyprus

Constitutional Ambit (I)


1. The Attorney-General of the Republic assisted by the Deputy Attorney-General of the Republic shall be legal adviser of the Republic and of the President and of the Vice President of the Republic and of the Council of Ministers and of the Ministers and shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by this Constitution or by law.

2. The Attorney-General of the Republic shall have power, exercisable at his direction in the public interest, to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person in the Republic. Such power may be exercised by him in person or by officers subordinate to him acting under and in accordance with his instructions.

Article 113

Constitutional Ambit (II)


1. The Deputy Attorney-General of the Republic shall have such powers and shall perform such duties as normally appertain to his office and also shall, subject to the directions of the Attorney-General of the Republic, exercise all the powers and perform all the functions and the duties vested in the Attorney-General of the Republic under the provisions of the Constitution or by law.

2. The Deputy Attorney-General of the Republic shall act for the Attorney-General of the Republic in case of his absence or his temporary incapacity to perform his duties.

Article 114

AG’s instructions

.

(i) All criminal files having the decision of the Dep AG were to sent the AG for his final approval, as he has this Constitutional right and obligation

1)(ii) The DepAG had the obligation to bring in the attention and discuss with the AG all serious criminal cases, as well as those that had international importance, before the DepAG was going to give instructions to the Police

(iii) In the case the opinion of the DepAG was different from the opinion of the prosecutor who examined the file, or was different from the instructions given by a former AG, then the DepAG had the obligation to discuss the case with the AG before he delivered his instructions to the Police.

Charges


i)Accused, Dep.AG and his ex-employee (D2) were accused of conspiring

with a law firm (D3) and one of its Director (D4) to ensure the latter (D3

and D4) did not file an appearance in a civil case filed by the Dep.AG

against a bank which was being represented by the law firm (D3). This

meant that a judgement could be issued in absentia of the Defendant

Bank in the favor of the Dep.AG for the amount of approx. €500,000 and

corresponding damage to the interests of the defendants. Thus

committing the conspiracy offences to obstruct the course of justice and

to defraud the Bank.

Charges


ii) In return for the above benefit, Dep. AG, agreed with the Law Firm

and the Lawyer in charge, to prosecute five Russian natural and legal

persons involved in the Providencia case (a case relating to a Cyprus-

based trust fund, thus committing the offence of bribery and

corruption-related transactions.

(iii) The Dep. AG was also prosecuted for the offence of misuse of

public office.

The Dep.AG decided to institute a criminal case without the approval

and knowledge of the AG.

Novelty of the Case


Defendants Private Investigative Team Private Prosecution

Prosecution Witnesses: Attorney General, Former Attorney General, Deputy

Chief of Police, Former Chief of Police, Litigation Head

AG Office and Member of Parliament

Defence Witnesses: President of Republic of

Cyprus and eminent Lawyers

Significance of Circumstantial Evidence


• Dep. AG, a politician and criminal lawyer then, was a warm

supporter of the President of the Republic during the election of

2013.

• Although, Dep. AG wished and expected to be appointed as

AG, he was limited to Dep AG position and was in charge of

advising the Police and criminal litigation, under the instructions

and supervision of the AG .

• The Dep.AG had complaints against the effectiveness of the

process.

Factual Background


Dep AG Response to Prosecution (I)

• Conclusions of the Kallis Report

• Suspect Response 1 & Press Conference

• Dep AG Response 2: Police Complaints and Corruption

Complaints

• Disciplinary Process before Supreme Court against Dep AG

• Impact of Investigative Stage & Reactions in setting the

foundations for the Court Case

Dep AG Response to Prosecution (II)


• The Attorney General reacted with anger to the president's intention to

order a probe into the claims. He issued an unprecedented statement

attacking the President in unusually strong terms, accusing him of

undermining legal order.

“All legal and constitutional procedures were followed with devoutness

and finally the accused turn into accusers with the backing and

fomentation of the highest officer of the state. It is a shame.”

• After facing strong criticism by opposition parties, President retracted

his statement that he would seek the appointment of investigators to

probe Dep AG’s allegation.

• Accusations of DepAG against AG at Police Headquarters.


Timeline

Investigation: Aims and Challenges


Holistic and Comprehensive Investigation

The significance of a just and independent prosecution

Pressures for completion of investigation and case processing

Court Hearing


1

The Role & Challenges of the Prosecutor

2

Circumstantial Evidence

1. Service Witness Evidence

2. Circumstances surrounding Civil Claim.

3. Meetings between D1 & D2 at Dep AG’s Office

3

International and Inter-Agency Cooperation

4

Court Decision


.

Trolley: The Power

of Circumstantial

Evidence

International Co-operation


Reform: requirement for mutual agreement for co-operation, contact persons

International Legislation

Co-operation with at least two Countries

Significance of Expert Evidence


Evidential significance of Expert Evidence

Electronic evidence/ PA witness Evidence-

digital transcript of delivery

Cover-up Evidence: used to counter the

role of Deputy Attorney General

Lack of

expert evidence jeopardized the

Defence

Concluding Remarks


Importance of a Resilient Mindset

Transparency in the

Investigative Process

Comprehensive Case

Preparation of Case Details

Interrelationship of Corruption

and Circumstantial

Evidence- Probative Value

Discussion


What would you find more challenging in this case/ similar experience in your jurisdiction ?

How does circumstantial evidence affect corruption cases in your jurisdiction?

Is there a need for strengthening European co-operation in combating corruption ?

Thank you !

Elias A. Stephanou

Lawyer

e.stephanou.stephanoullc.com

www.stephanoullc.com

prosecuting the cyprus deputy attorney general: a unique case. · ii) in return for the above...

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