The Nicosia criminal court on Wednesday rejected crucial evidence in the case of a German real estate agent accused of seizing Greek Cypriot properties in the north.

The court ruled unanimously that a search of her luggage and the seizure of items violated her constitutional rights. The evidence was therefore deemed inadmissible.

The case concerns 49-year-old German real estate agent Ewa Isabella Kunzel, accused of usurping Greek Cypriot properties in the north. She faces over 40 charges, including fraudulent property transactions, money laundering and promoting the sale of disputed land.

The investigation began after she allegedly told an off-duty police officer on a flight that she was selling property in the north. She is accused of earning about €169,000 through illegal dealings and buying an apartment without the Greek Cypriot owner’s consent. Kunzel denies all charges.

The latest court decision came during a trial within a trial to decide whether the prosecution’s evidence collection was lawful.

Presiding judge Nicolas Georgiades said the court examined whether the seizures were legal, whether consent for the luggage search was valid, and whether the extraction of digital content was lawful. The court reviewed testimonies from ten defence and prosecution witnesses.

While it confirmed the arrest at the airport was lawful, the court found the later search of her personal belongings problematic. Judge Georgiades noted that although she was informed of her rights in German and knew she was under arrest, the search and seizures did not meet legal requirements.

The court stated that the police officer’s testimony was “general and vague”. There was no clear evidence that the seizure of a phone, hard drive and documents was based on reasonable suspicion directly related to the alleged offences. The judge said the seizure was “routine” and raised doubts about its legality. The prosecution failed to prove the process was lawful.

The ruling referred to Cypriot, European, US and Canadian case law. It stressed the principle of proportionality, police powers for search and seizure during arrest must be limited and directly linked to the offence under investigation. In this case, the connection was not established.

The court also found a breach of the accused’s right to access a lawyer. Police said she did not request one, but the court ruled that not asking for legal counsel does not count as a valid waiver of rights. Any waiver must be “explicit and certain” with full awareness of consequences, conditions not shown here.

Judge Georgiades said the luggage search was an investigative act involving the right not to self-incriminate. Her signed consent was invalid without legal advice and without clear explanation of consequences. This meant the search and seizure violated her constitutional rights.

Following the ruling, prosecution spokeswoman Anna Mattheou said the rejected evidence “affects the case” and requested a ten‑day adjournment to decide on next steps.

Defence lawyer Sotiris Argyrou agreed to the adjournment and requested the return of the seized items, including computers and documents. The court set the next hearing for October 20 at 9am and ordered the accused to remain in custody until then.