Four to five offenses are included in the indictment of the private criminal prosecution of Michalis Katsounotou, which is only a matter of time before being registered by the legal team of the Directorate of Central Prisons, after the decision of the Legal Service not to prosecute the former Commander of YCAN for reasons of public interest interest, despite the fact that the finding shows criminal offenses against him.
Two of the things that became known and confirmed through the announcement of the Legal Service, are the abuse of power which according to the Law constitutes corruption regardless of whether there was no financial benefit and the conspiracy based on article 373 of the Criminal Code, which states that:
Whoever conspires with another to achieve any of the following purposes, ie-
(a) obstruct or frustrate the execution or enforcement of any law or Cabinet Order or
(b) cause injury to the person or reputation of another, or diminish the value of another's property or
(c) to prevent or obstruct the free and lawful disposal of property by its owner at its fair value
(d) to injure another in his trade or profession or
(e) to prevent or obstruct the free and lawful exercise of another's profession, profession or occupation, by an act or acts which, if carried out by an individual person, would constitute a criminal offense on his part or
(f) achieve a lawful purpose by unlawful means,
is guilty of a misdemeanor.
In addition to the two crimes, the indictment will prevent two or three other crimes, which the lawyer Chris Triantafyllidis, who took over the private criminal prosecution, did not want to reveal before the registration of the case, as he told the REPORTER. The indictment was prepared on the basis of witness material in the hands of Anna Aristotelous and Athina Dimitriou, which includes testimonies, dozens of messages, documents and other evidence collected both before and after the complaints against Michalis Katsounotou.
Additionally, the revelations concerning the conclusion of Achilleas Emilianidis, whose conclusions, as it was found, were diametrically opposed to those recorded in the announcement of the Legal Service, with the main motivation being considered important. The General and Assistant Prosecutor, in their announcement, showed a professional motive, however, according to what was revealed by the REPORTER, in his conclusions, the independent criminal investigator records his personal feelings and how his actions may not have brought him financial benefit, however had “personal glory, advancement and success.” In fact, he indicates in his conclusions, how official disputes are resolved in different ways, saying characteristically that “anyone is not allowed to act in these ways”, adding that he “acted as a rapist”, referring to Michalis Katsounotos.
In the event that the Attorney General does not suspend the private prosecution against Michalis Katsounotos, respecting their right to register a private criminal case, since as the Minister of Justice herself stated “it is the right of Mrs. Aristotelous and Mrs. Dimitriou to do so this”, witness material is expected to be revealed before the Court, while witnesses will be called to testify. One of them is expected to be Achilleas Emilianidis, who was the one who conducted the investigation and on the basis of which he drew his conclusions, which he will be asked to answer as to whether they are consistent with the publications or those of the Legal Service. However, it is recalled that after the revelations about his conclusions, the lawyers of Aristotelous and Dimitriou, Tzo Triantafyllidis and Pampos Ioannidis, invited Mr. Emilianidis to intervene, who in essence only agreed to the two offenses and that he had no financial benefit, separating his position from the rest referred to by the Legal Service. Something that was also done by the Attorney General himself, who was then called to take the stand, he had stated that apart from these points, the rest of the conclusions were theirs.
Therefore, in the event that the case is not suspended and given that there was a refusal by the Legal Service to hand over the findings to the lawyers Joe Triantafyllidis, Pambo Ioannidis and Chris Triantafyllidis, Achilleas Emilianidis will be asked to answer clearly on his findings, however, it is considered the most likely scenario that the Attorney General will put the brakes on the private criminal case, since he has shown that he does not want the case to be brought before a Court, for reasons that may not be related to the case.
However, Chris Triantafyllidis, asked to comment on the public interest to the REPORTER, stated that “the public interest is not a vast theorem that covers everything”, referring to an opinion of the late Attorney General Alekos Markidis, who indicated that it cannot to invoke the public interest in a way that supports illegality. The public interest is exercised in a way that protects legality”.
At the same time, the legal team of Aristotelous-Dimitriou, as they had announced, are preparing a civil lawsuit against Michalis Katsounotou and the Republic for damages, while an appeal to the ECtHR for violation of their human rights, including personal life, is also in the pipeline and security.
Already in the hands of the legal team preparing the appeal to the ECtHR, there is a huge amount of material, including material collected after the completion of the investigations of Achilleas Emilianidis, on the basis of which the case will be based, for which the Republic of Cyprus will be on the bench.
According to information, the file of the appeal to the ECtHR will hide surprises and revelations, since facts and evidence will be presented that preceded and followed the complaints, up to and including the final decision of the Legal Service, while they also include material collected subsequently and judged by the legal team to be important for the case before the E European Court.