Prosecuting the Cyprus Deputy Attorney General: A Unique Case. Elias A. Stephanou Lawyer

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1 Prosecuting the Cyprus Deputy Attorney General: A Unique Case. Elias A. Stephanou Lawyer

2 Outline Outline of corruption case against Dep. AG (Factual and Legal Framework of Prosecuting Corruption Cases 64/17, 66/17 and 68/17) Case Preparation (Investigative and Prosecution Actions) Analysis of Case Hearing (Before District Court and Supreme Court) Conclusion: Prosecution mindset and challenges

3 Case Background The Role of the Attorney General Legal Framework for Prosecution by Private Individuals in Cyprus

of the Council of Ministers and of the Ministers and shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by this Constitution

4 Constitutional Ambit (I) Article The Attorney-General of the Republic assisted by the Deputy Attorney-General of the Republic shall be legal adviser of the Republic and of the President and of the Vice President of the Republic and of the Council of Ministers and of the Ministers and shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by this Constitution or by law. 2. The Attorney-General of the Republic shall have power, exercisable at his direction in the public interest, to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person in the Republic. Such power may be exercised by him in person or by officers subordinate to him acting under and in accordance with his instructions.

Constitutional Ambit (II) Article 114 1.

5 Constitutional Ambit (II) Article The Deputy Attorney-General of the Republic shall have such powers and shall perform such duties as normally appertain to his office and also shall, subject to the directions of the Attorney-General of the Republic, exercise all the powers and perform all the functions and the duties vested in the Attorney-General of the Republic under the provisions of the Constitution or by law. 2. The Deputy Attorney-General of the Republic shall act for the Attorney-General of the Republic in case of his absence or his temporary incapacity to perform his duties.

AG s instructions (i) All criminal files having the decision of the Dep AG were to sent the AG for his final approval, as he has this Constitutional right and obligation 1)(ii) The DepAG had the

6 AG s instructions (i) All criminal files having the decision of the Dep AG were to sent the AG for his final approval, as he has this Constitutional right and obligation 1)(ii) The DepAG had the obligation to bring in the attention and discuss with the AG all serious criminal cases, as well as those that had international importance,. before the DepAG was going to give instructions to the Police (iii) In the case the opinion of the DepAG was different from the opinion of the prosecutor who examined the file, or was different from the instructions given by a former AG, then the DepAG had the obligation to discuss the case with the AG before he delivered his instructions to the Police.

7 Charges i)accused, Dep.AG and his ex-employee (D2) were accused of conspiring with a law firm (D3) and one of its Director (D4) to ensure the latter (D3 and D4) did not file an appearance in a civil case filed by the Dep.AG against a bank which was being represented by the law firm (D3). This meant that a judgement could be issued in absentia of the Defendant Bank in the favor of the Dep.AG for the amount of approx. 500,000 and corresponding damage to the interests of the defendants. Thus committing the conspiracy offences to obstruct the course of justice and to defraud the Bank.

8 Charges ii) In return for the above benefit, Dep. AG, agreed with the Law Firm and the Lawyer in charge, to prosecute five Russian natural and legal persons involved in the Providencia case (a case relating to a Cyprusbased trust fund, thus committing the offence of bribery and corruption-related transactions. (iii) The Dep. AG was also prosecuted for the offence of misuse of public office. The Dep.AG decided to institute a criminal case without the approval and knowledge of the AG.

9 Novelty of the Case Defendants Private Investigative Team Private Prosecution Prosecution Witnesses: Attorney General, Former Attorney General, Deputy Chief of Police, Former Chief of Police, Litigation Head AG Office and Member of Parliament Defence Witnesses: President of Republic of Cyprus and eminent Lawyers Significance of Circumstantial Evidence

10 Factual Background Dep. AG, a politician and criminal lawyer then, was a warm supporter of the President of the Republic during the election of Although, Dep. AG wished and expected to be appointed as AG, he was limited to Dep AG position and was in charge of advising the Police and criminal litigation, under the instructions and supervision of the AG. The Dep.AG had complaints against the effectiveness of the process.

11 Dep AG Response to Prosecution (I) Conclusions of the Kallis Report Suspect Response 1 & Press Conference Dep AG Response 2: Police Complaints and Corruption Complaints Disciplinary Process before Supreme Court against Dep AG Impact of Investigative Stage & Reactions in setting the foundations for the Court Case

12 Dep AG Response to Prosecution (II) The Attorney General reacted with anger to the president's intention to order a probe into the claims. He issued an unprecedented statement attacking the President in unusually strong terms, accusing him of undermining legal order. All legal and constitutional procedures were followed with devoutness and finally the accused turn into accusers with the backing and fomentation of the highest officer of the state. It is a shame. After facing strong criticism by opposition parties, President retracted his statement that he would seek the appointment of investigators to probe Dep AG s allegation. Accusations of DepAG against AG at Police Headquarters.

13 Timeline

14 Investigation: Aims and Challenges Holistic and Comprehensive Investigation The significance of a just and independent prosecution Pressures for completion of investigation and case processing

15 Court Hearing The Role & Challenges of the Prosecutor Circumstantial Evidence 1. Service Witness Evidence 2. Circumstances surrounding Civil Claim. International and Inter- Agency Cooperation Court Decision 3. Meetings between D1 & D2 at Dep AG s Office

16 . Trolley: The Power of Circumstantial Evidence

17 International Co-operation Co-operation with at least two Countries International Legislation Reform: requirement for mutual agreement for cooperation, contact persons

18 Significance of Expert Evidence Evidential significance of Expert Evidence Electronic evidence/ PA witness Evidencedigital transcript of delivery Cover-up Evidence: used to counter the role of Deputy Attorney General Lack of expert evidence jeopardized the Defence

19 Concluding Remarks Importance of a Resilient Mindset Transparency in the Investigative Process Comprehensive Case Preparation of Case Details Interrelationship of Corruption and Circumstantial Evidence- Probative Value

20 Discussion What would you find more challenging in this case/ similar experience in your jurisdiction? How does circumstantial evidence affect corruption cases in your jurisdiction? Is there a need for strengthening European cooperation in combating corruption?

21 Thank you! Elias A. Stephanou Lawyer e.stephanou.stephanoullc.com

Terms of Reference. Audit and Risk Committee

Terms of Reference. Audit and Risk Committee Terms of Reference Audit and Risk Committee 1 Constitution 1.1 The board of directors (the Directors) of The de Ferrers Trust (the Trust Board) hereby resolves to establish a committee of the Trust Board