The Anti-Corruption Authority is determined to launch a new investigation into the black surveillance van case, following Attorney General George Savvides' acknowledgement that allegations involving Deputy Attorney General Savvas Angelides, specifically claims of a conflict of interest, were not examined by independent criminal investigator Elias Stefanou.
According to information obtained by Politis, the Authority intends to broaden the scope of its inquiry to cover all aspects of the black van case that were not investigated during the 2021 criminal investigation.
New evidence from Greece
The Authority could also examine new evidence that has emerged in Greece, where individuals linked to the case were convicted over the interception of telephone communications involving politicians, ministers, MPs and other Greek state officials.
Those convicted include Tal Dilian, the owner of the black surveillance van and a former Mossad agent.
The convictions in Greece constitute new information that was not available during the earlier investigation in Cyprus and have strengthened calls for specific aspects of the case to be re-examined.
Dilian's clients could come under scrutiny
The Authority is also being urged to investigate the client list of the former Israeli intelligence officer in Cyprus, including who purchased services from Dilian and for what purpose.
The issue was examined during parliamentary scrutiny before the House Legal Affairs Committee in November 2022 at AKEL's initiative.
During those meetings, allegations were raised concerning links between Dilian and politicians, political parties and even the police, as well as his compatriot and close associate Avraham Avni Shahak, who was alleged at the time to have carried a weapon while benefiting from political connections.
The revelations made in Parliament are among the matters that could now fall within the Anti-Corruption Authority's investigation.
Three Wispear employees were arrested
As part of the original investigation into the surveillance van, three employees of Dilian's company, Wispear Systems Ltd, were arrested on 20 December 2019.
Dilian himself was outside Cyprus at the time and was wanted by the authorities.
The three employees were taken before Larnaca District Court, which rejected a police request for their remand in custody.
In court, the lawyer representing Wispear Systems and its employees alleged that the head of the Drug Law Enforcement Unit had, among others, been inside the surveillance van.
The lawyer also alleged ulterior motives on the part of police, claiming that authorities had known about the van's activities since August 2019 but acted only three months later, following allegations raised by then-AKEL secretary-general Andros Kyprianou.
Those assertions were rejected by then Drug Law Enforcement Unit commander Glykerios Leontiou, who said he had never entered the surveillance van.
Legal opinion sought on Article 10
Before taking steps to launch the new investigation, however, the Anti-Corruption Authority has decided to seek a legal opinion from a major law firm concerning the interpretation of Article 10 of the legislation governing its operations.
Differing views have emerged over when an Anti-Corruption Authority investigation must be halted because of a criminal investigation.
Article 10 of the law establishing and regulating the Independent Authority Against Corruption provides that when police or an appointed criminal investigator have begun a criminal investigation into an alleged act of corruption falling within the Authority's remit, the Authority, once notified by the Attorney General, must not begin or must terminate any parallel action.
The Authority is also entitled to request and receive updates from the Attorney General on the progress of such cases.
Criminal investigation ended four years ago
In the black van case, however, the criminal investigation was completed four years ago.
Legal circles therefore question whether Article 10 was correctly invoked to terminate the Authority's investigation before it had even begun.
Their interpretation is that the legislation prohibits parallel investigations, rather than preventing the Anti-Corruption Authority from conducting an inquiry after the criminal investigation has concluded.
This is the issue the Authority is now seeking to clarify. The forthcoming legal opinion is expected to become an important reference point for similar cases it may handle in the future.
Sizopoulos case offers precedent
There is already a precedent in the case involving Marinos Sizopoulos.
In that case, the Anti-Corruption Authority conducted its own investigation after the criminal investigation had ended and uncovered new information that had not been identified by either the police or the Legal Service.
Those findings created new developments in a case that had previously been closed without evidence establishing the commission of criminal offences.
Black van remains at Limassol Customs
The surveillance van itself remains under customs control at the Limassol Customs Department's state warehouse.
The vehicle had originally been imported into Cyprus under a declaration stating that it carried meteorological equipment.
On 4 October 2018, Dilian's Cyprus-based company Wispear Systems Ltd requested registration of the Chevrolet Savana, bearing Israeli registration plates 57-983-69, in a letter to the Customs Department.
The company stated that the vehicle contained specialised equipment, including computers, servers and screens, which it said would be used to measure weather conditions and phenomena.
It also said it intended to demonstrate the systems and technology installed in the vehicle.
The application was approved on 22 November 2018, with temporary importation granted for one year.
Because the vehicle was being temporarily imported rather than placed into free circulation, the required customs checks were carried out and it was released without inspection by another government service.
Vehicle seized in 2019
On 22 November 2019, the Customs Department seized the vehicle while investigating possible customs offences and handed it over to police on the same day.
After the criminal case was closed following decisions by Savvides and Angelides to suspend the prosecutions of Dilian and his associates, police returned all exhibits from the investigated case to the Customs Department on 9 May 2022.
Those exhibits included the vehicle itself, electronic equipment, computers, antennas and access points, mobile telecommunications equipment and other devices.
Before the equipment was returned to Customs, the surveillance software installed on it was removed.
