Court Decision Allows for Admission of Confession Evidence in David Hunter Murder Trial: Defence to File for Writ of Certiorari at Supreme Court of Cyprus to Challenge This Decision

JUSTICE ABROAD

“Here When You Need Us”

Justice Abroad represents Mr David Hunter, a 75-year-old British man who is facing murder charges in Cyprus after the death of his wife who was suffering from terminal blood cancer. Justice Abroad has assembled a top team of lawyers to fight for David Hunter, including Nicoletta Charalambidou, an experienced human rights advocate, and Ritsa Pekri, a criminal law expert on this case.

The defence had made legal submissions, both in writing and orally, for the exclusion of evidence on the basis that there was a violation of his rights to access a lawyer and based on the evidence of renowned forensic psychiatrist Dr Vivek Furtado that David was in no fit state to be interviewed, especially given his attempted suicide, and was suffering from dissociation at the time.

Today, 21 March 2023, the Court rejected the submissions and ordered that the statements be included within the trial. However, within the Court’s ruling they agreed that there was no unequivocal waiver of the right to a lawyer but stated that the confessions were admissible despite this.

The defence will challenge this point of law by way of an application for certiorari to the Supreme Court of Cyprus. This would allow that Court to determine whether the Paphos Assize Court has applied the law properly and if it finds that they have not they can order the decision to be reversed.

It is the defence position that this is a breach of the European Directive 2013/48/EU on the Right to Access to a Lawyer which provides that a waiver must be ‘given voluntarily and unequivocally.’ (Article 9) This provision conforms with the requirement for a waiver set out by the European Court of Human Rights under its case law on Article 6 of the European Convention on Human Rights. In the Ayia Napa Rape Case appeal, the Supreme Court of Cyprus held that the Directive is directly applicable above Cypriot statutory law.

Michael Polak has stated the following:

“We were surprised and disappointed by the ruling given by the Court today. The right to a lawyer, and the waiver of this right is very strictly applied in European law which specifically requires that the right to a lawyer must be given clearly in a language that the suspect understands and that any waiver must be both voluntarily and unequivocal. In their judgement, the Court stated that they did not find any waiver of this type in relation to Mr Hunter. For this reason, we will be applying for a writ of certiorari to the Supreme Court of Cyprus to review whether the law has been properly applied in relation to this point.

We will continue to do everything possible to fight for Mr Hunter and to protect his right to a fair trial.”

The fact that this matter will now proceed to an application for certiorari has added to the costs for the family in regard to David’s case. To donate please visit https://www.crowdjustice.com/case/help-bring-david-home/The family is overwhelmed with the generous donations they have received, and they thank each and every person who has donated.

For any questions in relation to this case please contact Justice Abroad by email at contact@JusticeAbroad.co.uk or phone on +44 (0)203 488 2316.

Notes to Editors

Justice Abroad, www.justiceabroad.co.uk has been set up to help those trying to find their way through foreign justice systems with all the associated hurdles that presents, to represent those facing gross breaches of their human rights no matter where this takes place, and to advise and assist the victims of crimes as to how to achieve justice.

Justice Abroad, run by international lawyer Michael Polak, has assembled a team of top investigators, lawyers, and support staff to provide unparalleled support, advice and guidance, legal, advocacy, and investigatory service for your Justice Abroad issues anywhere in the world.  The Justice Abroad team with their trusted international pool of multilingual experts, their networks, and media contacts and their well-documented determination to leave no stone unturned in the search for the truth and justice for families who have been denied it are here to provide that much needed support for families and individuals in their time of need.