Defence Submit Request to Supreme Court of Cyprus to Challenge Decision to Admit Confession Evidence in David Hunter Murder Case
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.
Today, 28 March 2023, the defence made a submission for certiorari, for the Supreme Court to state a point of law, in relation to the Court’s decision at the last hearing to rule against the defence application to exclude confession evidence based on Mr Hunter’s right to a lawyer. This submission may allow the Supreme 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. In the ruling of the Assize Court, the Court held on a number of occasions that there was no unequivocal waiver of the right to a lawyer but that they would include statements given in the absence of a lawyer in any event.
Today on 28 March 2023, the criminal trial before the Assize Court continued. In the application to the Supreme Court, a request has been made that the criminal proceedings are adjourned pending their decision on the point of law.
Michael Polak has stated the following:
“We have made a submission for certiorari to the Supreme Court asking them to apply the European Directive on the Right to Access a Lawyer and their previous decision in the Cyprus Rape Case that the Directive is directly applicable under Cypriot law above the domestic provisions which do not properly transpose the Directives’ provisions. The right to a lawyer is treated with particular strictness by the European Court of Human Rights and Court of Justice.
We will continue to take every step to achieve justice for David”
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.