Cyprus' Court of Appeal has overturned the conviction and prison sentences imposed on a defendant in a case involving 72 kilogrammes of cannabis, ruling that the Limassol Assize Court failed to fully explain his rights before he gave evidence.
In a ruling dated 21 September 2026, the Court of Appeal upheld grounds of appeal relating to the manner in which the trial court explained the defendant's rights concerning his testimony.
Right to make unsworn statement
The court found that, after determining there was a prima facie case, the Assize Court informed the defendant that he could either give sworn evidence or exercise his right to remain silent. However, it did not inform him that he also had the right to make an unsworn statement without being subject to cross-examination.
The Court of Appeal held that the omission was significant because the Assize Court had applied an amendment to the Criminal Procedure Law that came into force in April 2022 and abolished a defendant's right to make an unsworn statement.
When the defendant was informed of his rights in June 2022, the amendment was in force. However, the Court of Appeal ruled that it could not be applied in the case because the alleged offence, the filing of the case and the commencement of proceedings had all occurred before the legislative change.
"It is well established that a law is not considered to have retrospective effect unless it expressly provides for this or unless it concerns procedural matters only," the Court of Appeal said.
It added that "in the present case, the legislative provision to which the said amendment relates does not concern the procedural aspect of the explanation of an accused person's rights under Article 74(1)(c) of Cap. 155, but the substantive aspect of that article concerning the rights themselves of an accused person at that procedural stage".
The court further stated that the Assize Court had "wrongly applied the above amending law as though it had retrospective effect".
Sentenced to 18 years imprisonment
The defendant was convicted by the Limassol Assize Court in August 2022 on five of six charges. The offences included conspiracy to unlawfully possess and possess with intent to supply, as well as the importation of a Class B controlled drug, namely 72 kilogrammes of cannabis.
He was sentenced to 18 years' imprisonment on the charge of possession with intent to supply and four years' imprisonment on the importation charge.
The appellant challenged both the conviction and sentence, advancing 11 grounds of appeal against the conviction and four against the sentence.
The Court of Appeal ruled that the finding regarding the explanation of his rights was sufficient to overturn both the conviction and sentence, and therefore did not consider the remaining grounds.
The court also noted that, after the appellant had testified, the same Assize Court allowed another defendant in the same case to make an unsworn statement, approving a relevant application and rejecting an objection by the prosecution.
According to the ruling, the fact that the appellant ultimately chose to give sworn evidence did not alter the position.
"It could not have had any significance that the appellant chose to give sworn evidence," the court said, since he had not first been informed of all available options.
Briefing accused is 'imperative'
The Court of Appeal held that fully informing an accused person of his rights is an "imperative obligation of the court" and that failure to comply with the relevant provisions "vitiates the conviction".
It therefore found a miscarriage of justice, declaring the trial invalid and setting aside both the conviction and sentence.
"It is found that there has been a miscarriage of justice, the result of which can be no other than the setting aside of the conviction and the sentence imposed due to the invalidity of the trial," the ruling said.
The court ordered that the defendant be retried before a differently constituted Assize Court "as soon as possible".
Source: CNA
