Nicosia, Cyprus. The Supreme Court will hear an application on Thursday at 8.30am seeking to annul a search warrant in the high-profile ‘Sandy’ case. The warrant was executed at the home of ‘Sandy’s’ former lawyer, Nikos Clerides.
Hearing and submissions
The application is expected to be examined by Supreme Court judge Elena Efraim. Written submissions are to be filed electronically on Wednesday, with arguments presented before the court on Thursday, marking the start of the substantive hearing.
The development follows earlier reports that the application had been submitted through the iJustice system, with a hearing date pending before being confirmed for this week.
Privilege and handling of electronic material
The dispute centres on legal professional privilege and protection of the lawyer-client relationship. Clerides’ side is objecting to the manner in which electronic material was collected and to the potential use of seized data.
The defence argues the material may contain sensitive information relating to third parties and says strict safeguards are required for its examination, including the possible involvement of an independent third party, ideally a representative of the bar association.
Objections to police action
The defence has described the police action as “disproportionate” and “unnecessary”. Former head of the bar association lawyer Christos Clerides has said Nikos Clerides is not a suspect but a witness who had already cooperated with authorities by handing over relevant material.
According to that position, less intrusive means were available to obtain any additional evidence.
Interim order and possible consequences
The proceedings also include a request for an interim order to prevent use of the seized evidence until the court reaches a final decision.
If the application is upheld, the warrant could be annulled ab initio, which could result in any evidence obtained being deemed inadmissible.
What safeguards, if any, do you think should apply when authorities seize electronic material from a lawyer’s home?