Attorney General: 1st assault case dropped: 01-11-2007

Petros Clerides Attorney General of Cyprus 2005-2013

Your Ref. Our. Ref. Ο.9-146/2007
Date: 1 November 2007

Attorney General of the Republic
Legal Services Office
1, Apellis Str, Nicosia

Honourable Sir,

RE: Criminal case no.572/2007 / Famagusta Police Constable v 1. Christoforos Karayiannas 2 Marios Karayiannas

We refer to the above matter and further wish to inform you as follows:

We are acting on behalf of our client Cornelius Desmond O’ Dwyer, the complainer in the above mentioned case, which was fixed for hearing before Famagusta’s District Court at Paralimni on the 30/10/2007.

The relevant witness summons, for our client to attend for examination, was served via his lawyers who were representing him until to date. Our client informed our office the week before the 30/10/2007 requesting that we ascertain from the Court as to whether the hearing of the relevant case was to begin in order that the necessary arrangements to fly from England could be made.

We communicated with the prosecuting officer handling the case, who informed us that she was going to apply for the case to be adjourned because she had another case before the same Court in which she had to examine a number of witnesses which had antecedence.

The prosecuting officer informed us that there was no need for the said witness to attend before the Court and further requested that we inform her of the dates that our client could be in Cyprus in order for the date to be fixed for hearing at that day. We informed her that our client is always prepared and willing to attend the Court at any time.

Accordingly we informed our client, who was already prepared and willing to attend the Court, not to come in Cyprus in order to avoid any unnecessary discomfort. We further asked form the prosecuting officer to inform us regarding the new date of the case.

However, yesterday we were notified by the prosecuting officer that one of your officers had filed a nolle prosequi (i.e informed the Court that the Crown intends that the proceedings shall not be continued) without giving us any proper explanation.

It is our client’s position that there isn’t any reason for a nolle prosequi to be filed and he intensely feels the need to attend the Court to give evidence as a witness.

Therefore, please inform us for the reasons this case was suspended and further proceed with the necessary proceedings in order to file a new criminal case against the abovementioned accused and inform us properly so as to arrange for the presence of our client at the hearing of the case.

Yours faithfully,

Georgiades & Mylonas
Advocates & Legal Consultants

CC: Ministry of Justice and Public Order

Police Headquarters, Department C

Famagusta district Attorney’s Office