A 69-year-old man who was jailed for eight years over the 2021 Arakapas fire has been acquitted on appeal, with the Court of Appeal unanimously overturning his conviction on Tuesday after finding that the evidence did not prove his guilt beyond reasonable doubt.

The man had already served three years of his sentence when the appeal court overturned the conviction. He had denied the charges.

The fire broke out on July 3, 2021, killing four Egyptian labourers and burning around 55 square kilometres across 10 communities in the Limassol and Larnaca districts.

The man had been convicted of deliberately setting fire to trees in Arakapas and of starting fires in the countryside without a permit.

The criminal court found that he had been working in his orchard before the fire, had access to the area where it started and had left shortly before the fire was discovered. Two lighters were also found in his car.

The court also considered his actions after leaving the orchard, for he went to a kiosk in Arakapas and reported that reeds were burning before later travelling to Eptagonia for coffee whilst the fire was spreading.

The Court of Appeal found that these circumstances were not enough to establish that he had indeed started the fire.

It also questioned the original court’s reasoning regarding how the fire had begun.

A deputy fire brigade chief had concluded that the fire was probably started by an open flame, possibly a lighter, after other possible causes had been excluded.

The appeal court said this however remained a possibility rather than an established fact.

The original court had then connected that possibility with the two lighters found in the man’s car.

The appeal court said, “speculation is not permitted to fill gaps in the testimony of the prosecution”.

The judges also rejected the suggestion that his decision to leave Arakapas and go to Eptagonia could automatically be treated as evidence of guilt.

They said the original court had not properly examined what he knew about the fire or the emergency response when he left.

The appeal court concluded that the evidence showed only that the man had been in the area, had the means to start a fire and had behaved in a way that could be considered questionable.

“These three elements, however, are not sufficient” to establish that he started the fire, the court said.

The court stressed that guilt must be proven beyond reasonable doubt and that an accused person is not required to prove his innocence.

The 69-year-old, was therefore unanimously acquitted of the charges relating to the Arakapas fire.