Appeal against police acquittals gets underway

ALMOST four years after ten policemen were acquitted of beating two students in Nicosia, the Supreme Court yesterday began its re-examination of the case.

The examination, which has followed an appeal by the Attorney-general’s office, will run to the end of the week. By this time the acquittal by the Criminal Court in March 2009, described as a “Black Page in History of Cyprus’ Justice” by one victim’s father, could be overturned by the Supreme Court.

Speaking from outside the Supreme Court yesterday, Stephanie Polycarpou, a spokeswoman for the group ALERT, said yesterday “The court will be looking at whether the case was conducted fairly, due to the role of the media.”

Loucis Loucaides, a ECHR former judge working on behalf of the legal service, began by challenging the Criminal Court’s decision, related to the now infamous footage of policemen assaulting the two victims. Since the person who filmed the tape did not come forward for cross examination, it was dismissed as evidence.

“Firstly, during the trial some of the lawyers based their defence on the video, confirming that it was them in the tape. Secondly, based on the undisputed facts and this admission that it is them in the tape, we see policemen failing to intervene in an assault. I have consulted with legal experts throughout Europe and in Canada, who agree this is aiding and abetting by omission.” “In simple terms” he added, “This is complicity.”

In the Criminal Court’s decision to acquit the policemen, the judge also criticised the media’s coverage of the case, which he said “constituted serious interference in the course of justice and pre-empted the outcome of the trial. At the same time it constitutes usurpation of the judicial authority and contempt of court.

Asked about possible outcomes, Polycarpou said: “The worst case scenario is that the policemen pay a small fine and return to work. We do not want the police to return to work.”