There will be no trial within a trial in the Avakoum monks’ case concerning photographs of items, including cash, that the prosecution submitted as evidence.

This is because the items were photographed after the monks had left the monastery and thus their rights were not being violated, the court said on Wednesday.

The Nicosia criminal court dismissed the defence’s request for a trial within a trial regarding the evidence.

The defence had said the first bundle of items had been confiscated from the Avakoum monastery by masked men without a search warrant.

The second, it said, was photographs taken from a safe belonging to the mother of one of the defendants, again without a search warrant.

The prosecution had disagreed with the objection, arguing that the main issue was the admissibility of the evidence and that the monks were not living in the monastery when the search was carried out.

The court said there was no common ground regarding the facts cited by the defence concerning the two raids by masked men and could not examine the alleged violation of rights of third persons.

“We deem that the extent and nature of the objection would lead to the fragmentation of the main trial,” the court said and decided not to allow a trial within a trial.

This, it clarified, did not mean that the evidence would be admissible in court and that any objections would be examined in due course.

Proceedings continued with the questioning of a witness, however the defence lawyers of both defendants said the witness was illegally in the space at the time the evidence was collected.

The court reminded the decision against a trial within a trial and listed the two bundles of photographs as evidence.

Questioning the witness, the prosecution asked if he agreed the photographs originated from the Tamasos bishopric and the Avakoum monastery. The witness agreed.

The court adjourned and the cross-examination of the witness will continue on July 6 at 9.30am.

It also set a schedule for July, with proceedings continuing on July 8, 13, 20 and 22 at 9.30am.

The two monks are facing charges of money laundering and fraud.

The Holy Synod has already upheld their defrocking, while they also face criminal proceedings.

Charges brought before the religious court and listed in its latest ruling include lewdness, “sodomy, impurity and cohabitation,” posting and distributing indecent photos, “acts of solicitation,” fraud and misleading believers with fabricated miracles.

According to the verdict, Nektarios, described as the ringleader of the affair, went so far as to pretend that Saint Avakoum had taken over his body, faking his voice and staging fainting episodes during “exorcisms” to extort money from believers.