A trial within a trial before Nicosia criminal court involving German real estate agent Eva Isabella Kunzel – who faces charges of usurping Greek Cypriot property in the north – will be ruled on next month, the court said on Monday.
The procedure is to examine the legality of her arrest at Larnaca airport on July 7, 2024, and, particularly, if proper procedures were followed and her fundamental rights respected.
The court will decide on October 8 if the accused was properly informed of the reasons for her arrest in a language she could understand, and if she was given access to a lawyer and whether an interpreter was present at the initial stages of the procedure.
Particular attention is being given to the consent form she signed allowing officers to search her luggage, with the defence questioning the validity of the form.
On Monday, both the prosecution and defence presented their final arguments in writing.
Prosecution representative Anna Mattheou said the accused understood English and had been informed of her rights, and this was supported by all prosecution witnesses.
“She had been informed from the first moment of her arrest in a language she understood and she was also given her rights in her mother tongue, German, ten minutes after and also before the commencement of any investigation,” Mattheou argued.
On the other hand, defence lawyer Soteris Argyrou spoke of a violation of law and Constitution articles, and presented arguments regarding the absence of interpretation, illegal search and violation of personal details.
Meanwhile, the prosecution announced it would not insist on four pieces of evidence, namely hard disks, a passport and a document, which have been deemed “not necessary” for the procedure.
After the decision is announced on October 8, the trial of the main case will begin with the prosecution presenting its first witness.
The court decided that the accused would remain in custody until the next hearing.
During Monday’s proceedings, it was outlined that the indictment contains 44 witnesses and that the prosecution intended to add another ten.
The defence objected, saying that the accused has already been in custody for one-and-a-half years and adding more witnesses would cause further delays.
The court said the trial would be held on Mondays, Wednesdays and Fridays, so that it could be completed within a reasonable timeframe.
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