The Supreme Court has overturned the Cyprus bar association (CBA) council’s decision, which had found a law firm guilty on multiple charges and imposed a financial penalty, it was reported on Wednesday.
On February 24, the court issued effectively quashed the CBA’s ruling.
This decision follows a previous ruling from July 2024, in which the supreme court had annulled a €19,000 fine imposed on the same law firm by the CBA in May 2023. The court found that the CBA had acted improperly by serving both as the prosecutor and the judge in the case, violating the principles of impartiality and fair trial procedures.
The ruling represents the first of its kind, with the law office of Cyprus confirming that lawyers are subject to judicial disciplinary proceedings. It also highlighted the importance of upholding justice and ensuring that legal professionals are judged fairly.
The CBA’s original decisions were made in October 2022 and July 2023, as part of its supervisory responsibilities under the law on the prevention and suppression of money laundering. The attorney-general was invited to appear in court, contributing to the case’s proceedings.
The Supreme Court’s judgement was based on the finding that the CBA had acted in conflict with its duty of impartiality. The court ruled that, in this case, the CBA had operated both as the accuser and the judge, undermining the fairness of the process. The court emphasised that such an approach breached fundamental principles of natural justice, which are essential to maintaining public trust in the judicial system.
In its ruling, the court referred to established case law, affirming that lawyers are indeed judicial officers, and their disciplinary proceedings must be treated with the same judicial standards. When the CBA acts as a disciplinary body, it must ensure its impartiality by remaining independent from the prosecution side.
The supreme court made it clear that impartiality is a cornerstone of law, protecting the confidence of citizens in the judiciary. Therefore, the court found that the CBA’s dual role as both prosecutor and judge in this case, combined with the absence of an appeal process under the relevant anti-money laundering laws, justified the annulment of the CBA’s decision.
This decision reinforces the notion that legal practitioners must be held accountable under rigorous and fair judicial standards, further strengthening the independence of Cyprus’ legal system.
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