A hearing on a bail application by the father accused of causing the deaths of his two young children after they were left inside a vehicle in the village of Xylophagou was adjourned on Thursday and will resume on Friday morning, after the defence asked the British bases court to allow him to travel to Bulgaria for the children’s funeral and to release him pending trial.

Defence lawyer Christos Theodoulou told the court that the application had two principal aims; firstly, to allow his client to attend the burial of his children in Bulgaria, and secondly, to secure his release pending trial so he could return to work and continue supporting his family.

He argued there was no evidence that the accused would abscond, interfere with witnesses, or fail to surrender to the court if released.

“There is no evidence that he will show any lack of willingness to surrender,” Theodoulou said, adding that his client had no previous criminal convictions, was a first-time offender and had strong ties to Cyprus.

The defence submitted that any concerns over the defendant leaving the country could be addressed through cooperation between the SBA authorities, the Republic of Cyprus and Bulgarian authorities.

Theodoulou argued that the suspect could be placed on travel alert and stop lists, and be monitored through existing international cooperation mechanisms, and that the treaties which established the Republic of Cyprus and the British bases also foresee such cooperation between the authorities.

He further argued that refusing the request solely because the defendant is Bulgarian could amount to discrimination, maintaining that there were sufficient legal mechanisms to secure his return should he fail to come back voluntarily.

The prosecution disputed those submissions, arguing that there is no such legal provision allowing the accused to be placed on a travel alert or stop list belonging to the British bases’ administration, or for him to be electronically monitored once he leaves the jurisdiction.

It also argued that there is no legislation requiring Bulgarian authorities to arrest or return him should he fail to come back to Cyprus.

The court questioned how the SBA authorities would exercise jurisdiction once the accused had left Cyprus, asking what powers they would have if Bulgarian authorities declined to arrest him.

Theodoulou later cited Article 8 of the European Convention on Human Rights, arguing that his client had the right to attend the funeral of his two children. He also referred to principles of international legal cooperation in support of the application.

The defence maintained there was no risk of witness tampering and said the seriousness of the charges alone was not sufficient reason to refuse bail.

The defence also challenged aspects of the prosecution’s evidence, arguing that CCTV timestamps did not correspond with the actual timeline and therefore should not be heavily relied upon.

They further argued that one of the children had been seen getting in and out of the vehicle earlier in the day, contradicting suggestions that the children were unable to exit the car.

Theodoulou also referred to what he described as a failure of the vehicle’s locking mechanism, arguing that this should form part of the court’s assessment of the evidence.

The defence further submitted that the accused supports his family financially, including a five-year-old daughter in Bulgaria and the child’s grandmother, who receives only a small monthly pension, adding that the children’s biological mother did not want the children and wanted to give them to the state but they were instead were taken care of by their grandmother. 

The court also heard portions of a statement given by the accused’s partner, read out by the prosecution, describing his relationship with the children and the family’s circumstances.

According to the statement, “after two beers he is fine, but after the third he becomes a different person; he beats me.”

The statement also said that on the day of the incident she had spoken to him while he was drinking beer at work and had decided to leave him.

The hearing was adjourned until 10.30am on Friday, when both sides are expected to complete their submissions before the court delivers its ruling on the bail request.

The father remains in custody pending trial. A plea hearing has been scheduled for September 22, while a trial is due to begin on November 30 should he plead not guilty.