The Nicosia criminal court on Friday rejected Israeli property developer Simon Mistriel Aykut’s objections to his trial, and set his next hearing for January 13, when he is set to enter a plea.
Aykut stands accused of having developed and sold €43 million worth of property on Greek Cypriot land in the north
Judge Christiana Parpotta told the court Aykut faces a total of 242 charges, of which 60 concern fraudulent real estate transactions, 60 concern the illegal possession and use of land, 62 concern money laundering, and 60 concern the conspiracy to commit a felony.
She also said the offences of which he stands accused took place in the Famagusta district villages of Akanthou, Gastria, and Trikomo, and in the Kyrenia district village of Ayios Amvrosios.
Aykut had objected to the trial, with his lawyer Maria Neophytou saying her client will not receive a fair trial as it is impossible to summon witnesses who live in the north to a court in the Republic.
She also said there can be no transfer of information from the Turkish Cypriot police nor from the north’s companies register as the court recognises neither institution.
Additionally, she said that anyone who comes from the north with any suspicion that they have bought or sold land is arrested, offering up a list of would-be witnesses from whom Aykut’s company had purchased property.
She also said that given that Cyprus is a small country, “everyone has a relative with property in the occupied territories, which could lead to the court being influenced”.
Parpotta found that “in order to decide in advance whether the continuation of the case constitutes an abuse, the factual background must be clear and indisputable”.
In other words, one must typically and in this case wait until after the fact to decide whether the trial was fair rather than speculate in advance whether or not it will be.
“The defence, in essence, pre-determines that the witnesses the defendant will wish to summon to testify when they arrive in the Republic of Cyprus, while, at the same time, in view of the alleged inadequacy of the registry of properties, he will not be able to present the relevant testimony on the matter,” Parpotta said.
She added, “at this stage, it is unknown to the court what the prosecution will rely on to prove its allegations, and as such there can be no question yet as to whether this will be a fair trial”.
Earlier, the court had thrown out objections made by the defence that the Republic of Cyprus does not have the authority to hold the trial, with Parpotta at the time describing the defence’s position on the matter as “unfounded”.
Aykut was arrested in June while attempting to cross from the north to the Republic.
He is the founder of the Afik Group, which has carried out various construction projects in Trikomo, many of which are believed to be on Greek Cypriot land.
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