By Martin Hellicar
CHARGES against two of the five accused in the Hambis Aeroporos murder trial were dropped yesterday after the Supreme Court ruled that key evidence against them was inadmissible.
Cabaret owner Sotiris Athinis, 43, and his 51-year-old sister Zoe Alexandrou had denied charges of conspiring to murder 36-year-old Hambis.
The Nicosia Assizes yesterday suspended criminal proceedings against Athinis and Alexandrou on the recommendation of Attorney-general Alecos Markides.
Former policeman Christos Symianos, 35, and former special constable Savvas Ioannou, alias Kinezos, 33 – who are accused of pulling the trigger on Hambis – remain on trial. Waiter Prokopis Prokopiou, 35, has admitted to shooting Hambis and is to be sentenced at a later date.
On December 16, three hooded gunmen shot down Hambis in broad daylight in the Ypsonas suburb of Limassol as he drove home after a hospital visit for treatment to injuries sustained in an earlier gangland hit.
State prosecutor Petros Clerides said yesterday the Attorney-general had decided to suspend criminal proceedings against Athinis and his sister because the Supreme Court had thrown out potential evidence against them. The higher court upheld a defence objection to the criminal court hearing that phone numbers were stored in the memory of a mobile device abandoned by the three hit men at the murder scene.
Clerides said this ruling made it impossible for the prosecution to prove its case against Athinis and Alexandrou.
Clerides had told the criminal court the numbers stored in the mobile phone would prove there had been contact between Athinis, Alexandrou and the other accused in the run-up to the shooting.
Alexandrou, who works as a cleaner at the hospital where Hambis was receiving treatment, has admitted the phone belonged to her.
Defence lawyer George Georgiou argued that information stored in the phone was protected by privacy laws and was therefore inadmissible as evidence. He also said the prosecution had failed to show that the phone had been used systematically or was in proper working order at the crucial time.
The Criminal court upheld Georgiou’s objection. The prosecution then appealed to the Supreme Court to have this ruling overturned, but was knocked back.
Clerides said yesterday that Athinis and Alexandrou could be charged again if the law and constitution were amended to make such phone evidence admissible. He said relevant bills were currently pending before the House of Representatives.
On leaving the court, Athinis said he had been vindicated. “The truth shone through,” the cabaret owner said, insisting he had had nothing to do with the killing.
“We thank God and the Cyprus justice system,” Alexandrou said.
Hambis’ murder is thought to be part of an ongoing turf war between rival underworld gangs vying for control of the cabaret circuit – seen by many as a front for gambling, prostitution and drugs rackets.
The bloody feud shows no sign of letting up. In early September, Athinis, while free on bail, was lucky to survive an anti-tank missile attack outside his Limassol cabaret. Four men are being held in connection with the attack.
The Hambis murder trial, which has been on-going for four months now, continues.
The trial was moved to Nicosia for fear of reprisals against the suspects. Armed police are out in force for every hearing.