The lawyers of the president of EDEK, Marinos Sizopoulos, will go to the Supreme Court for the issuance of a Certiorari for the annulment of the provisional decree of Thursday, which ordered the suspension of the electoral process of the Nicosia District Conference, which took place yesterday Sunday.
According to information from Politis.com, the legal advisers of the president of EDEK found serious irregularities in the court decree of the Nicosia District Court and therefore consider that it was issued illegally.
What legal circles say
The shortcomings regarding the interim court decree were also commented by legal circles on Politis.com that are not related to either side. Legal sources who stated that the judge may have exceeded his powers because there was no proper legal basis in the application.
The same sources consider that the decree may be annulled for any formal reason. For example, consider it vague and vague. They also argue that the request was not made on the proper legal basis giving the court the power to issue a court order. That is, he had to mention the articles of the Law on Courts that give the judge the power to issue an intermediate injunction or prohibition decree. But also that it was not served on the president of EDEK, the director of the party, those responsible for Sunday's election process and the rival candidates. It could, as they say, be published in newspapers. They also point out the fact that there was no endorsement.
Therefore, the same legal sources estimate that if the above applies, Marinos Sizopoulos may not be responsible for disobeying a decree, in the context of the civil case. But a big moral issue arises for the president of EDEK for contempt of court, effectively motivating the members of the Movement to disobey the decree. They also consider that, possibly and regardless of the above errors, there may be reasonable suspicions of committing the offense of disobedience to legal orders, as provided for in Article 137 of the Penal Code. Of course, we must not forget that when it comes to a Member of Parliament, the lifting of parliamentary immunity is required by the Supreme Court at the request of the Attorney General.
The opportunity was lost
In fact, they attribute the mishandling of the case to the inexperience of the judge and the mishandling of the law firm that represented the three EDEK executives. And they estimate that the opportunity to cancel the elections has been lost, since time does not go back and the decree in this case has a prescriptive nature. In other words, he orders that the elections not take place, that they be suspended. They also believe that the annulment of the elections will be achieved only if the final treatment is given by the lawsuit in court after trials lasting 6 to 8 years, since too many witnesses will be called and time-consuming procedures will be followed at the known speed of justice. in Cyprus.
Sizopoulos did his part, went to the polls and divided EDEK in two
Maria Panagiotou (EDEK): M. Sizopoulos would never be illegal – Let some people stop putting their personal interest above EDEK (audio)
Andreiani Odysseos (EDEK): The history of EDEK has been falsified – Elections and the elected are illegal
Doros Theodorou to Sizopoulos: I supported you from the beginning, but not on the downhill where you put the party
