There has been a ‘systemic issue’ in not granting auditor-general Odysseas Michaelides access to key data, the Supreme Constitutional Court heard on Monday, as the case filed for his dismissal continues.

The hearing began with a written statement submitted by Freddy Yves Ndjemba, senior manager at Intosai (International Organisation of Supreme Audit Institutions) who was subsequently cross examined.

He told court there were repeated instances where the Audit Office’s access to information was refused, leading Intosai to believe there is a systemic issue that needs to be dealt.

Though Michaelides was slated to follow suit, the process was cut short after attorney-general George Savvides’ legal team raised objections over his testimony.

The attorney-general’s lawyers argued Michaelides’ 171-page witness statement refers to a case which is still being investigated by the anti-corruption authority.

As such, the Supreme Constitutional Court’s evaluation of the evidence related to the specific case may affect the ongoing investigation, Savvides’ lawyer Dinos Kallis argued.

Nonetheless, Michaelides’ lawyer Jo Triantafyllides said this was the case that triggered the attorney-general to have the auditor-general dismissed.

“The auditor-general is at risk of losing his job and I believe permission should be granted to present the specific document.”

The evidence pertains to an investigation into the deputy attorney-general Savvas Angelides’ alleged conflicts of interest, for which former drug squad chief Michalis Katsounotos had been called to the Anti-Corruption Authority to testify.

Katsounotos has refused to answer any questions in the investigation and Savvides has refused to initiate proceedings against him for it. 

President of the Supreme Constitutional Court Antonis Liatsos said a decision on whether the particular evidence will be admitted to court will be announced during Tuesday’s hearing.

Earlier on Monday, the hearing began with Ndjemba taking the stand. Michaelides had submitted multiple complaints to Intosai over the years, following numerous clashes with Savvides.

Responding to a question from Michaelides’ legal team, Ndjemba said the complaint Michaelides filed over the disagreement on golden passports “was justified”.

He was referring to a spat that turned public in 2020 between Michaelides and Savvides, when the former accused the latter of refusing him access to documents.

Savvides has hit back, accusing Michaelides of overstepping his boundaries as there was an ongoing Nicolatos investigation underway at the time.

In turn, Michaelides’ team has accused the attorney-general of conflict of interest. 

Ndjemba told court Intosai does not have a legal remit to judge on individual cases but it did have concerns that it conveyed with Cyprus’ executive and legislative branch over limitations the Audit Office faced in obtaining “timely, direct and free access to all the necessary documents and information”.

Another complaint filed by Michaelides to Intosai in 2023 was discussed, relating to issues in accessing data from the defence ministry, court heard. Eventually the Audit Office managed to obtain the information after contacting Intosai.