PROSECUTION lawyers were yesterday refused permission to submit a police service log recording the conversation of the Nicosia CID head with one of the defendants in the ongoing murder trial of Sigma owner Andis Hadjicostis.
The service log by constable Charalambos Charalambou contained details of a conversation between Gregoris Xenofontos and the former head of Nicosia CID Thomas Efthymiou who allegedly called Xenofontos to warn him that there was an arrest warrant against him.
The warrant was issued on January 14, three days after Hadjicostis’ murder and the telephone conversation allegedly took place on January 17.
Defence lawyer Robertos Vrahimis argued against the log’s submission as evidence on the grounds that it went against judicial process because his client was not given his rights.
The prosecution countered that Xenofontos knew who he was talking to and that since the conversation was over a speakerphone, the issue of a violation of his rights did not arise.
But the defence insisted that since Xenofontos was not told that the conversation was on a speakerphone and being recorded by someone else, there was a breach of private communication.
“If their goal was to inform the man, they should have just told him about the warrant and then shut the phone.
“As it emerges from the particular log, he was questioned over the phone without any warning,” Vrahimis said.
The prosecution said that since the aim of the call was to inform the defendant and not to question him, the court should allow them to use as evidence in court.
The defence then talked of a “trial within a trial” since questions were actually put to the defendant in violation of “many court rules”.
The prosecution’s request to use the log in question was denied by the court.
The constable, Charalambous, was then questioned about the murder weapon, testifying that to his knowledge the murder weapon had not yet been recovered although he was not part of the team investigating its whereabouts.
Xenofontos’ former landlady was also questioned: she testified that Xenofontos was a reliable tenant who always paid his bills on time.
Less satisfied was bank clerk, Stalo Kinigopoulou.
She testified that Xenofonontos took out a loan with her bank in 2007 but had only paid one instalment since.
Xenofontos owes the bank the sum of €8,300 and they are suing Xenofontos and his guarantors, Kinigopoulou said.
Hadjicostis, 43, was shot outside his home on January 11, 2010.
He died instantly. The trial continues tomorrow.
