Α private criminal lawsuit filed by the Thanasis Nicolaou family against five individuals over suspicious circumstances surrounding the death of the 26 year old Cypriot-Australian national on September 29th 2005, during his National Guard military service, has been adjourned for January 22nd, pending witness evidence and preliminary objections.
The five accused were in attendance at the Limassol Criminal Court, packed with journaists and family, but not Andriana Nicolaou, Thanasis mum and the public face of the case, the first time, as Politis reports, that she has not been present at a court hearing or any other legal process pertaining to the case.
The family launched a criminal lawsuit against coroner Panikos Stavrianos and four police officers-now retired-who handled the case at the time. As heard in court, defence attorneys have already informed the presiding judge of their intentions to submit a series of preliminary objections.
In one instance, Sotiris Argyrou, the attorney representing the 2nd accused on the indictment list claimed a violation of his client's right to a fair trial by an independent and objective court, so he intends to file an objection against the presence of Savvas Matsas, who cannot turn, as he said, from an independent criminal prosecutor appointed by the cabinet to a prosecutor in the case.
Argyrou filed a series of Matsas remarks, both in the print and broadcast media that as he noted, proved his argument, highlighting that he should be a key witness in the case and not a prosecutor. The defence attorney further stressed that this pertained to the very substance and even continuance of the indictment.
The attorney representing coroner Panikos Stavrianos said that she would be submitting preliminary objections as regards elapsed time from the offences filed against his client and the Matsas presence, as she also deems that its incompatible for him to be both public criminal prosecutor and prοsecuting attorney in the same case.
Attorneys representing the 4th and 5th accused on the indictment also raised the fact that they had yet to receive witness material and other privileged evidence that facilitates defence arguments, due to the fact that Savvas Matsas was public prosecutor in the case.
The Limassol Criminal Court adjourned until such time the evidence is handed over to defence attorneys, with a hearing set for January 22nd.
The accused were released on bail.