Submission Made to the Attorney General of Cyprus in relation to the David Hunter Murder Case
JUSTICE ABROAD
“Here When You Need Us”
Submission Made to the Attorney General of Cyprus in relation to the David Hunter Murder Case
Justice Abroad is assisting 74-year-old British pensioner David Hunter who is facing a murder charge in the Paphos Assize Court after the death of his wife in December 2021. Justice Abroad is working with Cypriot lawyer Nicoletta Charalambidou, an experienced human rights advocate, and Ritsa Pekri, a criminal law expert on Mr Hunter’s case.
The team has made written submissions to the Attorney General of Cyprus in relation to the criminal case where Mr Hunter is currently due to face trial on 18 April 2022f for murder which entails a sentence of life imprisonment if he is found guilty.
It has been submitted to the Attorney General that it is not in the public interest to proceed with a criminal case against Mr Hunter given the circumstances of this case, and further, if he is against the defence on this point, that the charge of assisting suicide is much more appropriate than murder.
Under the Cypriot Constitution, the Attorney General is empowered to act ‘in the public interest, to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person…’
It is understood that Mr Hunter’s case is the first euthanasia case to take place in Cyprus and although there is no guidance as to the exercise of the Attorney General’s discretion either generally or in these kinds of cases, it is respectfully submitted that common law decisions on the issue can assist. Such cases have established the following principles:
· That it has long been recognised that a prosecution does not follow automatically whenever an offence of this type is believed to have been committed;
· Decisions in this area of the law are highly sensitive to the facts of each case;
· It is questionable whether assisting suicide should always be deprecated and although, it is wrong…to assist in the suicide of someone who is not mentally competent or not clearly fixed in their intention or who may feel under pressure to end their life for the benefit of others but if, a loved one, in desperate and deteriorating circumstances, who regards the future with dread and has made a fully informed, voluntary and fixed decision to die, needing another’s compassionate help and support to accomplish that end’ this is not conduct that will necessarily be depreciated; and
· ‘such an offence is likely… to fall into the category of those in respect of which the public interest does not require the imposition of a penal sanction’.
The Attorney General was respectfully asked to consider a number of factors, some of which have been identified in case law in other jurisdictions, such as;
· Mrs Hunter’s age and that she was able to form a settled voluntary decision to end her life;
· That she clearly and unequivocally communicated her decision to end her life;
· Mrs Hunter was suffering from a terminal illness;
· Mr Hunter had sought to dissuade the victim from ending her life;
· Mr Hunter tried to end his own life through an overdose;
· Mr Hunter’s age and health problems; and
· Mr Hunter’s previous exemplary character.
The murder trial is listed to commence on Monday 18 April 2022 at the Paphos Assize Court.
Justice Abroad’s Michael Polak stated the following:
It is very difficult to see how a prosecution for murder can be in the public interest given the particular facts of this case. We hope that the Attorney General will consider our submissions and withdraw the murder charges against Mr Hunter. If Mr Hunter is found guilty, he will spend the rest of his life in prison in Cyprus which is in nobody’s interest. We will continue to fight for David so that he can return to be in the United Kingdom to be with his family at this difficult time.
The family is raising funds to assist with the legal costs bringing David home. To donate please visit - https://www.crowdjustice.com/case/help-bring-david-home/ The family is overwhelmed with the generous donations and they thank all those who have donated to assist in their mission to bring David home.
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.