The Senior Judge of the Sovereign Base Areas (SBA) court on Friday reserved his decision on a bail application by the father accused over the deaths of his two young sons, who is seeking temporary release to travel to Bulgaria for their funerals.
Following a second day of legal submissions, the court concluded the hearing without issuing an immediate ruling. The Senior Judge said his decision would be delivered in writing to both the prosecution and defence within the next few days.
The application, filed by defence lawyer Christos Theodoulou, seeks permission for the accused to travel to Bulgaria to attend the funerals of his two children, aged eight and ten, while also requesting his release on bail pending trial.
Friday’s hearing centred largely on whether sufficient legal safeguards exist to ensure the accused would return to face trial if allowed to leave Cyprus.
The defence, during yesterday’s July 30th hearing, argued that the accused poses no flight risk and that any concerns over his return could be addressed through cooperation between the SBA Administration, the Republic of Cyprus and Bulgarian authorities. In support of the application, it relied on Appendix O of the Treaty of Establishment, Article 8 of the European Convention on Human Rights, and principles of international legal cooperation.
Counsel for the prosecution argued that the accused posed a flight risk if released, particularly as he resides outside the SBA jurisdiction, on territory controlled by the Republic of Cyprus.
The prosecution also rejected the defence’s argument that there is a legal framework allowing the authorities of the Republic of Cyprus to execute an SBA arrest warrant should the accused fail to return.
To support its position, according to Phileleftheros, the prosecution called the lead investigator in the case, Christodoulos Christodoulou, who testified that there are approximately 700 unexecuted warrants issued by the SBA authorities, around 90 per cent of which relate to individuals residing in areas under the control of the Republic of Cyprus.
The defence maintained that mechanisms for mutual legal assistance do exist.
The father is charged with two counts of causing death by a rash, reckless or negligent act after his sons, aged eight and ten, were found dead inside a parked vehicle in Xylofagou in June. He remains in custody pending the court’s decision on his bail application.
A plea hearing has been scheduled for September 22, while a trial is due to begin on November 30 should he plead not guilty.
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