The attorney-general’s office is unlikely to proceed with a request to the supreme court to lift the parliamentary immunity of controversial independent MP Andreas Themistokleous, it was reported on Thursday.

Citing sources, Phileleftheros said the AG’s office has studied the file and decided that the deputy’s comments directed at Greens MP Alexandra Attalidou did not meet the criteria required to pursue a case of hate speech.

The controversy, which erupted earlier in the year, revolved around a Facebook post made by Themistokleous, replying to Attalidou’s earlier post where she welcomed the passage of legislation criminalising ‘conversion therapies’ on LGBT persons.

Themistokleous wrote sarcastically: “It looks like the three blacks never showed up after all.” The independent MP had voted against the legislation. Attalidou immediately moved to report the matter to the House ethics committee, which said it could not act because the action took place outside of its jurisdiction, though the committee did condemn the Facebook post.

Police entered the fray at the end of May, saying the case would also be referred to the legal service.

The police cybercrime unit collected material published on social media between the two MPs. This includes Attalidou’s post, and two from Themistokleous – one mocking her post, and another one he published to explain himself after it emerged the House ethics committee would be discussing the case.

The legal service was to determine whether Themistokleous’ post was racist, hate speech, or something else, and whether it was justified to start removing the independent MP’s immunity, as was done in the past for traffic offences he had committed.