AG asked to eat humble pie
By Stefanos Evripidou
THE STATE’S appeal against the acquittal of ten police officers accused of beating two students has been put on hold while the Supreme Court decides whether the Attorney-general needs to make a public apology first.
A lawyer for one of the acquitted officers made an application in July requesting the Supreme Court not to examine the appeal until Attorney-general Petros Clerides revokes his statements criticising the criminal court’s acquittal of the ten officers. The lawyer argued that Clerides’ comments amounted to disrespect of the court.
According to the lawyer hired by the Legal Service to take on the appeal, Loucis Loucaides, the acquitted officer is seeking a suspension of the appeal pending an apology, which the officer’s lawyer argues is necessary to restore the prestige of the court.
The Supreme Court reserved judgement on the application last Wednesday, meaning the appeal is effectively on hold while the court decides whether Clerides needs to say ‘sorry’ to the Assizes Court first. If the highest court in the land decides that an apology is in order, then the appeal will rest on the AG’s willingness to eat humble pie.
Loucaides was yesterday adamant that such a decision would take Cyprus “back to the dark ages”.
“The court can’t use its power to force someone to make a public apology. There are laws and mechanisms in place to deal with that if they think he was out of line. The Assizes Court can bring an action for libel, it can respond to the criticism, or it can report him for being in contempt of court, which will lead to a prosecution and trial,” said the former European Court of Human Rights (ECHR) judge.
According to Loucaides, ECHR case law made it clear that strong criticism of the state or its organs was enshrined in the right to freedom of speech.
“Whatever the Attorney-general said was simply criticism of the judgement, which is absolutely legitimate, even if it may ‘offend, shock or disturb the state or any section of the state’. These are the words of the ECHR,” said Loucaides.
Clerides, who stormed into the Assizes courtroom last March while the decision was being read out in an attempt to stop proceedings, made his opposition to the decision very clear, going as far as to say it had reinforced state terrorism.
Perhaps an indication of its views on the matter, at the time the Supreme Court had strongly condemned the AG’s “inappropriate statements”. It said Clerides had lost his self control, but that it didn’t wish to be drawn into a public dispute and so was not planning to continue the matter.
The AG was not alone in his criticism as Loucaides, in his capacity as a private lawyer, had also waded into the attack, saying the reasoning of the criminal court was “stupid and absurd”.
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