Court rejects preliminary objections in Thanasis Nicolaou case
Preliminary objections raised by the defence in the private criminal prosecution linked to the death of Thanasis Nicolaou were rejected as premature, allowing the case to proceed to the next stage.
The decision, delivered by j udge Christos Stroppou at Limassol criminal court on Wednesday, concerned objections filed by lawyers representing five defendants, including a former state pathologist and senior police officials, who face a total of 38 charges connected to alleged misconduct.
Following the ruling, defence lawyers stated that their clients would not respond to the charges at this stage, arguing that the indictment is defective.
They cited lack of sufficient detail in key allegations, and the inclusion of what they described as “a non-existent criminal offence” in one of the charges.
“You can’t come to court after 20 years and not know what we are accused of and in what details,” defence lawyer Sotiris Argyrou said.
Another defence lawyer argued it was “unacceptable to be asked to respond to a multitude of accusations without a clear and sufficient description”.
The defence requested that the indictment be either amended or annulled, maintaining that deficiencies in certain counts undermine the fairness of proceedings.
Concerns were also raised regarding specific charges where, according to the defence, the alleged omission of duty is not clearly defined.
Lawyers representing the Nicolaou family reserved their position on the matter, indicating they will respond to the defence arguments at a later stage in the proceedings.
The court adjourned the case until May 7 to allow for clarification on whether any amendments to the indictment will be made, while stressing that “this process cannot be perpetuated”.
The case forms part of a private prosecution initiated by the Nicolaou family following earlier decisions not to pursue criminal charges at state level.
The defendants face allegations including conspiracy to pervert the course of justice, neglect of official duty, and interference with judicial proceedings in relation to the handling of the death.
The case concerns the death of Thanasis Nicolaou, a 26-year-old national guardsman who was found dead under the Alassa bridge near Limassol in September 2005.