Why can’t drug suspects be kept in remand pending trial?

THE LEGAL Services will examine the constitutionality of amending the law to allow drug trafficking suspects to be kept in remand until their case is heard in court.

The House Crime Committee yesterday continued discussions on the problems faced by the Drug Squad, centring mainly on the remand of drug dealers, the option of sending convicted addicts to rehab instead of prison and witness protection programmes.

In last week’s session, DISY deputy Ionas Nicolaou had raised the issue of drug dealers being kept in remand until their case was heard in court.

As the legal system stands at present, if a suspect is arrested for drug trafficking, he is released pending trial, which could come about more than a year later, enabling the suspect the possibility to deal in the intervening period.

Yesterday, Nicolaou posed the question to the spokesman for the Legal Services, Elias Stephanou.

“The problem with keeping suspects in remand until their case is heard is that everyone is innocent until proven guilty, which means they are protected by Chapter 48 of the Cyprus Constitution,” Stephanou explained.

In response to Nicolaou’s suggestion to alter Chapter 48 by adding a provision for drug dealers specifically, Stephanou said he would check the constitutionality of such an amendment.

As for the protection of key witnesses and undercover officers during court cases, Stephanou explained the legal system was such that a witness could not testify in court without appearing in person and giving full identity.

“Judges believe they should have full view of witnesses as they testify so they can see their facial expressions and body movements,” said Stephanou, adding that judges often asked the defendant to leave the courtroom while witnesses testify, thus protecting their identity and also ensuring witnesses are not influenced by defendants.

The legal expert said he had conducted a survey to see how witness protection was dealt with in other countries and promised to submit it to Parliament for examination.

Concerning the prospect of sending convicted drug addicts to a rehabilitation programme instead of prison, Nicolaou said the possibility needed to be examined closely and suggested the Health Ministry be invited to attend the committee’s next meeting.

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