Legal Submissions Before the Court in Voire Dire Challenge: Decision on Application to be Given at Hearing on 21 March 2023
Justice Abroad represents Mr David Hunter, a 75-year-old British man who was facing murder charges in Cyprus after the death of his wife who was suffering from terminal blood cancer. Justice Abroad is working with Cypriot lawyers Nicoletta Charalambidou, an experienced human rights advocate, and Ritsa Pekri, a criminal law expert on this case.
Today, 21 February 2023, legal submissions, including written submissions from the defence of over 30 pages which argue that Mr Hunter was not provided with his right to a lawyer or right to remain silent before statements were taken from him, was suffering from dissociation as stated by expert forensic psychiatrist Dr Furtado in lengthy evidence over two hearings, and that statements made to medical professionals were inadmissible against him.
The Court adjourned until 21 March 2023 to make a decision as to whether the evidence is admissible or inadmissible within the trial. The trial will then continue on that date, after judgment has been delivered regarding the Voire Dire.
Michael Polak has stated the following:
“We were very pleased to have had expert forensic psychiatrist Dr Vivek Furtado give evidence in relation to the psychiatric state of Mr Hunter at the time when statements were taken from him. His evidence, which was was clear and compelling, was that Mr Hunter would not have appreciated his rights and the consequence of their waiver at the time because of his psychiatric condition and that it was wrong for him to be interviewed before any psychiatric assessment had taken place.
Further to this, the evidence is clear that Mr Hunter’s right to a lawyer, which is treated strictly by both the Cypriot Supreme Court and the European Court of Human Rights, was not respected as he never provide an unequivocal waiver of his right to a lawyer, as required by European human rights law, and he was not afforded the right to a lawyer from the moment he was a suspect a requirement after the Cypriot Supreme Court held in the Ayia Napa Rape Case that the EU Directive on the Right of Access to a Lawyer is directly applicable in Cyprus.’
The fact that this matter has now reverted to what will be a long-lasting trial 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.
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