THE official report into the Helios crash and the ongoing independent Cypriot investigation cannot be used as proof of criminal offences, Attorney-general Petros Clerides warned yesterday.
Clerides issued the warning as he announced the resumption of the police investigation into possible criminal responsibility for the August 2005 crash, in which 121 passengers and crew were killed.
The police investigation had been postponed shortly after the crash, pending the publication of the official accident report by Greek investigators, but will now run in conjunction with the independent investigation being carried out in Cyprus and headed by Panayiotis Kallis, Clerides said.
“Kallis’ committee is not a court,” said Clerides. “Neither the Tsolakis report nor the Kallis conclusions can lead to a criminal case without an investigation by the police. No criminal charges can be filed on the basis of the report, without a separate investigation by police, something he admitted would be difficult.
Clerides said official report of Greek investigator Akrivos Tsolakis was useful to the police because it could point them in the right direction. There were also parts of the police investigation that could not be looked into without the report, such as the details obtained by Greek
investigators at the crash site in Grammatiko, north of Athens.
Nicos Yiasoumis, a representative of the relatives, said they were grateful finally to have the Tsolakis report.
“We are hoping that we can now look forward and have more matters cleared up for us, so the police and Attorney-general can act so those responsible can be punished,” he said. “It is vital that the criminal investigations resume, so that those responsible who feel they can shift the blame onto somebody else or hide can now finally feel the ground shake beneath their feet.”
Christos Neocleous, the lawyer for ajet, Helios’ new name, also said he was happy the police investigation was resuming, because it would remove the pressure from the Kallis committee to act like a court.
“The Kallis procedure will not lead in this direction. Mr Kallis gives the impression, which in turn is highlighted by the media, that they will find those who are guilty and judge those people.”
It was clear from Neocleous’ statements that the airline was looking in the direction of Boeing in terms of responsibility.
He said technical experts would be arriving on the island in the coming days in relation to this aspect. “Was there perhaps another design fault with the aircraft?” he said.
The ajet lawyer also said the company took issue with statements by Tsolakis that Helios was now effectively a “ghost” company.
“This is a tragic mistake by Akrivos Tsolakkis,” said Neocleous. “Every expert on the island gave his or her opinion on this matter – the company simply changed its name. The company is there and if there is blame on the company, then the company will take responsibility.”
His comment was backed up earlier yesterday by the Attorney-general, who said legally the company could not be referred to as a ghost, as it had only changed its name, which it had a right to do.
“Mr Tsolakis has said that it is a ghost. I do not know what he means by this. If a person, whether a legal entity or a natural entity, changes its name, I do not think it turns into a ghost,” Clerides said.
