Criminal trial transfer from Limassol to Nicosia granted under security grounds for ends of justice.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe Supreme Court granted the Attorney-General's application to transfer the criminal trial from Limassol to Nicosia. Although the accused disputed specific parts of the supporting affidavits, they did not object to the transfer itself. The court ruled that the undisputed portions of the affidavits established sufficient grounds for the transfer under Section 174(1)(e) of the Criminal Procedure Law, citing security concerns as the primary justification for the ends of justice.
Regesto Legislator
Generato dall'IASection 174(1)(e) of the Criminal Procedure Law; A transfer of trial is expedient for the ends of justice, particularly regarding security, when supported by sufficient grounds in affidavits, even if the accused do not formally object to the relocation.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*162] 1978 October. 18
(TRIANTAFYLLIDES, P., L. LOIZOU, MALACHTOS,
DEMETRIADES, SAVVIDES, JJ.)
The Attorney-General of the Republic,
Applicant,
v.
Michalakis Demetriou Vikis and Others,
Respondents.
(Criminal Application No. 7/78).
Criminal Procedure - Transfer of trial – Transfer expedient for the ends of justice, especially from the point of view of security - Section 174(1)(e) of the Criminal Procedure Law, Cap. 155.
M. Kyprianou, Senior Counsel of the Republic, for the applicant Attorney-General.
P. Solomonides, for the respondents-accused 1 and 3.
N. Neocleous, for the respondents-accused 2 and 4.
A. Eftychiou, for the respondent-accused 5.
The
decision of the Court was delivered by: -
TRIANTAFYLLIDES, P.: The Attorney-General of the Republic has applied for the transfer to Nicosia of the trial, by
the Limassol Assize Court, of Criminal Case No. 22535/77. Counsel for the respondents-accused, though disputing certain parts
of two affidavits which were filed in support of the-application, did not object to the transfer of the trial to Nicosia. [*163]
This same case was previously transferred to Nicosia at the stage of the preliminary inquiry, by an order of the Supreme Court made on January 17, 1978, in Criminal Application No. 9/77: the preliminary inquiry was later dispensed with, under the relevant legislative provisions, and the case was eventually committed, in Nicosia, on February 17, 1978, for trial by the Limassol Assize Court. So, the present application seeks the transfer to Nicosia of the trial of a case the preliminary inquiry of which was, also, transferred, as aforesaid, to Nicosia.
We are satisfied-and this is not disputed by counsel for the respondents-that those parts of the relevant affidavits which have not been challenged as beingincorrect establish sufficient grounds for ordering the tranfer of the trial of this case from Limassol to Nicosia under section 174(1)(e) of the Criminal Procedure Law, Cap. 155, inasmuch as such transfer is expedient for the ends of justice, especially from the point of view of security; and in this respect, we have, indeed, noted the statement of counsel appearing for the applicant that steps are being taken to ensure that in future it will be possible to arrange for the keeping in safe custody of accused persons in Limassol so as to avoid the need of transferring, for reasons of security, trials such as the present one to Nicosia.
Application granted.