The government’s intention to appoint independent criminal investigators to examine the findings of the Anti-Corruption Authority’s report on Mafia State has sparked discussion over who could take on the task. A key factor in the process is the need to ensure absolute impartiality, particularly given the individuals named in the report and the institutional positions they held, especially in cases involving a former President of the Republic.
According to information, the option of assigning the criminal investigation to foreign investigators is also being considered. There is also the possibility that, if two investigators are appointed, the team could consist of one foreign and one Cypriot legal expert of recognised standing. A decision on the composition of the investigative team is expected in the coming days, as the report and its annexes are due to be forwarded by the Anti-Corruption Authority to the Legal Service next Monday.
It is noted that Australian Gabrielle Louise McIntyre led the investigation into the allegations contained in Makarios Drousiotis’s book. The investigative team also included legal experts Charilaos Chrysanthou, Orestis Nikitas and Andreas Efthymiou.
In addition to the appointment of independent criminal investigator or investigators, and following the recusal of Attorney General Giorgos Savvides, Deputy Attorney General Savvas Angelides, and the head of the Criminal Law sector of the Legal Service, Elena Kleopa, questions arise as to how the next step will proceed, namely the preparation of indictments and the initiation of criminal prosecutions.
This process differs from that applied in the past in the case involving former Deputy Attorney General Rikkos Erotokritou. At the time, then Attorney General Costas Clerides had appointed lawyer Elias Stefanou to represent him in the case against Erotokritou. Stefanou appeared before the Criminal Court as a public prosecutor, since the prosecutors of the Legal Service were subordinate to the Deputy Attorney General. In other words, the Attorney General had delegated powers to him specifically for that case.
In the present case, once appointed by the Council of Ministers, the role of the independent criminal investigators will be limited to completing the criminal investigation. During the investigation, they may seek guidance or assistance from the Legal Service’s Prosecutorial Council. Once the investigation is concluded, the Prosecutorial Council will decide on whether to proceed with criminal prosecutions, unless it delegates that authority to a private legal practitioner, who would then appear before the court on behalf of the Legal Service.
There is also the possibility that by the time the criminal investigation is completed, the Attorney General may have retired, which could lead to changes in how the process unfolds.
In any case, the complexity of the investigation is considered a given, as among those named are, in addition to the former President of the Republic, a former head of MOKAS, a former judge, a former minister and a former MP.
