Nicosia, Cyprus. The Nicosia district court ruled on Friday to admit hearsay testimony in the criminal proceedings concerning the death of 14-year-old Stylianos Constantinou in 2019. The decision clears the way for evidence from his former preschool teacher to be heard next week.
Court ruling on testimony
The court confirmed that Konstantina Papachristodoulou will testify next Tuesday regarding statements allegedly made to her by the deceased relating to concerns of abuse.
Defence and prosecution positions
The defence objected to the admission of the teacher’s account, arguing that it included statements attributed to a person who cannot be cross-examined.
Prosecutors argued that the material was admissible under evidential rules, including provisions relating to domestic violence cases and established exceptions to the hearsay rule.
Reasoning of the court
In its ruling, the court said the law does not require the automatic exclusion of hearsay evidence, but instead requires judges to assess such material in context and determine the weight it should be given.
The judgment said admissibility depends on the overall fairness of the proceedings rather than rigid exclusion rules.
Fair trial safeguards
The court also addressed safeguards linked to fair trial rights under Article 6 of the European Convention on Human Rights.
It said concerns may arise where hearsay forms the sole or decisive evidence in a case, but stressed that this must be assessed in light of the full evidential picture and any compensatory safeguards available to the defence.
Case continues
The case continues to examine the circumstances surrounding the boy’s death and possible failures by family members and state services.
The ruling allows the prosecution to proceed with the testimony of Papachristodoulou, whose evidence relates to accounts allegedly given to her by the deceased during his early childhood.