Limassol, Cyprus. A court of appeal ruled on Tuesday to acquit a driver convicted over a fatal 2019 traffic accident, finding flaws in the trial court’s reasoning despite the defendant having served almost his full 2.5-year sentence. The court set aside the conviction without ordering a retrial, citing the time already served.
Appeal decision and retrial
The appeal court concluded that further proceedings would be pointless and overturned the conviction without sending the case back for a new trial.
Crash details
The case arose from a collision on August 24, 2019 on the main road between Kantou and Souni. One driver was killed and passengers in other vehicles were seriously injured.
The crash occurred on an unlit stretch of road where visibility was limited to vehicle headlights and was further affected by the curve of the road.
Trial court conviction and sentence
The Limassol district court convicted the driver of causing death by reckless and dangerous conduct and of driving at a speed likely to endanger life. The court sentenced him to 2.5 years in prison on November 24, 2023.
Appeal arguments and evidence
The conviction was appealed by lawyer Constantina Arcade. The court noted that none of the drivers involved testified that they saw the accused overtaking, changing lanes or speeding, and said there was no direct testimony “proving” such conduct.
Two experts presented conflicting reconstructions of the collision and disagreed on the methodology used to calculate the speed of the appellant’s vehicle. The judges said the trial court did not properly compare the two expert versions side by side and cited an unexplained preference for one account over the other.
What do you think the appeal court’s decision means for how expert evidence is assessed in traffic cases?
