THE family of a fireman killed in a munitions blast last year yesterday filed an application at the Supreme Court to lift President Demetris Christofias’ immunity so that he can be prosecuted for the death.
The July 11 blast, caused by decaying munitions stored haphazardly at the Evangelos Florakis naval base, killed 13 people and crippled the adjacent power station – the island’s main source of electricity.
An independent inquiry found Christofias mainly responsible for the catastrophe and also blamed the foreign and defence ministers.
The findings of the inquiry are non-binding.
The two ministers along with six army and fire service officers have since been indicted in connection with the blast but no charges have been brought against Christofias who enjoys immunity under Article 45 of the constitution.
The family, represented by lawyer Christos Triantafyllides, are asking for the Supreme Court’s interpretation of a provision under Article 45, which they say is vague and unspecified.
The applicants have also asked for a ruling on paragraph five, which states that the president shall not be liable to prosecution “for any offence committed by him in the execution of his functions.”
Triantafyllides argues that Article 45.3 does not define clearly what the offenses involving dishonesty or moral turpitude are. Neither it is possible to determine, by reference to the penal code or any other law, whether manslaughter and causing death through a negligent act are included.
He further suggests that Article 45.5 does not state clearly if “functions” is identical with the term “executive power” as it is defined by the constitution (Articles 47 to 49).
Reports said a similar application was also filed yesterday on behalf of the family of navy commander Andreas Ioannides who also died in the blast.
The application was referred to the Supreme Court plenum for examination, the reports said.
The munitions had been seized from the Monchegorsk, a Syria-bound Cyprus-flagged ship that sailed from Iran.
They were confiscated in February 2009 after it was determined they were in breach of United Nations Security Council resolutions on Iran.
The containers had been placed at the base, exposed to the elements, until their explosion.
