The hearing for a judicial review filed by former state pathologist Panicos Stavrianos at the Supreme Court began on Wednesday with accusations of conflict of interest against the state legal services, over the death inquiry which ruled that guardsman Thanasis Nicolaou was murdered.

Lawyers for Nicolaou’s family asked for more time to prepare their appeal against Stavrianos’ proceedings, as they charged the legal service was not impartial in the inquiry.

The legal service “passionately supported” Stavrianos’ findings were correct during the last inquiry into Nicolaou’s death, lawyer for the family Nicos Clerides told the court.

“It became clear during the inquiry that the legal service is not an impartial institution. There is no institution more independent than that of the attorney-general, but he took a stance.”

As such, this stance that favoured Stavrianos points to a conflict of interest, Clerides argued.

Deputy attorney-general Savvas Angelides and attorneys Elli Papagapiou, Christia Kythreotou were in court to represent the legal service.

Angelides said they would not be raising an objection to Stavrianos’ request irrespective of the fact that they had “identified serious legal issues” with the death inquiry’s findings.

He added that the attorney-general does not intend to file an objection, however, the legal service will be available before the court if necessary.

Court set the date for the appeal to September 5 and the next hearing is slated for September 10.

Stavrianos turned up to court in a wheelchair flanked by his lawyer Adrianna Klaedes, as he seeks to annul the findings of Nicolaou’s third death inquiry.

He told reporters he had “full trust” in the process, choosing to make no comment for the time being. “When the proceedings are finished, I will finally speak out.”

The certiorari seeks to contest the actual findings of the inquiry, and argues it wrongly deemed Nicolaou was murdered. 

The second argument behind the certiorari is that Stavrianos was not allowed to testify during the inquiry. Similarly, the third argument is that no other state pathologist that got involved in the case subsequently was granted the right to take the stand.

Lastly, Stavrianos is seeking to argue that the “interpretation” of what was submitted before the inquiry was mistaken, according to Klaedes.

Following the day’s proceedings, Nicolaou’s mother Andriana said “the masks had fallen.”

“The legal service has long made it clear to us that it is covering up the murder of a soldier who served this country and who was the victim of premeditated murder.”

She charged that instead of remaining impartial, the legal service chose to side with Stavrianos.

In 2005, Stavrianos examined Nicolaou’s lifeless body that was found under the Alassa bridge in Limassol. The pathologist ruled it a suicide.

After 19 years, the third inquiry into Nicolaou’s death found the national guardsman had been murdered and died of strangulation.

Nicolaou’s family is represented by Christos Clerides (former head of the bar association), Nicos Clerides, Alexandros Clerides, Constantinos Clerides as well as Leto Cariolou and Athena Demou who handled the death inquiry proceedings.

During the inquiry, the state prosecutor had sought to have Stavrianos and other experts take the witness stand. The request was rejected by judge Doria Varoshiotou, who accused the legal service of ignoring a European Court of Human Rights decision that found fault with the way the investigation into Nicolaou’s death was carried out.

Following the inquiry which ruled Nicolaou was murdered, cabinet appointed two independent investigators to the case.

Retired Greek police lieutenant Lambros Pappas and lawyer Thanasis Athanasiou have been tasked with uncovering the circumstances behind Nicolaou’s death, as well as any “reprehensible acts” and omissions in how the case was handled.

The investigation is going ahead, regardless of the certiorari motion.

President Nikos Christodoulides himself said the truth must shine over what happened to Nicolaou, as he stressed it is high time to have answers over the case.

Last month, the investigators called on the public to come forward with any information related to the case, even anonymously. Both have stated they will make no statements to the media due to the sensitivities surrounding the case, unless a situation arises that requires them to say something officially.

Former state pathologist Panicos Stavrianos said he will make comments after the legal proceedings have concluded