Greek lawyer Christos Mylonopoulos will ultimately not be a member of the team of criminal investigators, as he resigned from his appointment yesterday afternoon following the strong reactions that arose.
Following this sudden development, the Council of Ministers will have to decide how to proceed, namely whether Mylonopoulos will be replaced by another lawyer or whether the team of criminal investigators will now remain four-member, so that the remaining members can begin their work.
Mylonopoulos’ resignation was preceded yesterday by renewed reactions, with political parties and lawyers expressing serious reservations and distrust over the Council of Ministers’ decision to appoint him, particularly as it was aware, following information provided by Mylonopoulos himself, that he had previously been professionally involved in the Focus case, which is one of the most important cases that will be investigated.
In another development, according to information obtained by Politis, it appears to be becoming clear that the criminal investigators will have a role in guiding the police aspect of the investigations, while any issues arising in relation to procedures concerning the “public prosecutor” will be referred to the Prosecutorial Council.
This arrangement therefore indicates that, at least at the present stage, the Council of Ministers does not intend to appoint a public prosecutor as well, despite many lawyers pointing to the need for such an appointment.
‘No conflict’
Earlier yesterday, however, the government defended Mylonopoulos’ appointment, arguing through Deputy Government Spokesman Yiannis Antoniou that “no conflict of interest arises within the investigative team” and that “all necessary safeguards have been put in place to ensure the impartiality and credibility of the investigation”.
Regarding the controversial issue of Mylonopoulos’ participation, Antoniou clarified that Mylonopoulos had disclosed his relationship with Focus from the outset, something which, according to Antoniou, demonstrated transparency and good faith.
Regardless of this, he explained, the head of the five-member team of criminal investigators decided that, in order to avoid any shadow or doubt, Mylonopoulos should be excluded from the part of the investigation concerning Focus, which was done.
Antoniou also stressed that responsibility for possible criminal prosecutions belongs to the Legal Service and underlined that the process must be conducted with full respect for the presumption of innocence and the principle that no one is above the law.
New AKEL reaction
The government’s explanations, however, do not appear to have been convincing.
AKEL returned to the issue, with a statement by Secretariat member Aristos Damianou declaring that the party would not tolerate any cover-up in the case.
“The insistence of those appointed by Mr Anastasiades, his former ministers, on remaining in the positions of attorney-general and deputy attorney-general, and their so-called self-recusal, has short-circuited the criminal investigation,” AKEL said.
It added that “the appointment of five criminal investigators, after a very long delay, at least two of whom have an obvious conflict of interest, leaves the Christodoulides government that selected them exposed, regardless of the fact that they are distinguished lawyers”.
AKEL concluded that it “is concerned that the very serious findings of the Independent Authority Against Corruption, which place the honorary president of DISY, Mr Nicos Anastasiades, at the centre of the criminal investigation, are at risk of being covered up”.
It warned that “those devising such scenarios will find both AKEL and society standing against them”.
‘A prosecutor must be appointed’
Lawyer Achilleas Demetriades argued that the immediate appointment of an independent private prosecutor is necessary, so that they can direct the work of the criminal investigators examining possible offences arising from the “Mafia State” case.
As he explained, the investigative process is not completed simply through the appointment of independent investigators. It also requires an independent prosecutor who will assess the findings, guide the investigation and ensure that the case can proceed effectively before the courts.
Demetriades also noted that, due to the self-recusal of the attorney-general and deputy attorney-general, there is currently no competent person to provide the necessary legal directions to the investigators.
For this reason, he stressed that an independent prosecutor must be appointed immediately, in order to avoid delays or even the need for the investigation to be repeated if deficiencies arise during the assessment of the case.
