Nicosia, Cyprus. A Nicosia criminal court on Wednesday rejected a defence request for a trial within a trial in the Avakoum monks’ case over photographs of items, including cash, submitted by the prosecution as evidence. The court said the items were photographed after the monks had left the monastery and therefore their rights were not being violated.
Court rejects defence request
The court dismissed the defence’s request for a separate hearing on the evidence dispute.
The defence argued that the first bundle of items had been confiscated from the Avakoum monastery by masked men without a search warrant. It also said the second bundle consisted of photographs taken from a safe belonging to the mother of one of the defendants, again without a search warrant.
Prosecution position
The prosecution disagreed with the objection, arguing that the main issue was the admissibility of the evidence and that the monks were not living in the monastery when the search was carried out.
Court reasoning
The court said there was no common ground regarding the facts cited by the defence concerning the two raids by masked men and that it could not examine the alleged violation of the rights of third persons.
“We deem that the extent and nature of the objection would lead to the fragmentation of the main trial,” the court said in deciding not to allow a trial within a trial.
The court clarified that this did not mean the evidence would be admissible in court and said any objections would be examined in due course.
Proceedings continue
Proceedings continued with the questioning of a witness. Defence lawyers for both defendants said the witness was illegally in the space at the time the evidence was collected.