Update 6 December 2019: Evidence of Forensic Pathologist Marios Matsakis in Teenager’s Cyprus Trial After Reporting Group Rape

Justice Abroad is assisting the British teenager and her family in this matter.  The case continued today, Friday 6 December 2019, at Famagusta District Court in Paralimni where the teenager’s defence team called renowned Forensic Pathologist Dr Marios Matsakis.

The teenager is represented by an expert legal team assembled by Justice Abroad comprising of Lewis Power QC, a top barrister from Church Court Chambers at the English Bar of the senior rank of Queen’s Counsel, Cypriot lawyer Nicoletta Charalambidou, an experienced human rights advocate, and Ritsa Pekri, a criminal law expert.

Dr Matsakis  has a BSc in Microbiology and PhD in biochemistry from the University of London, a medical degree from the University of Cambridge, an MPhil specialism in forensic medicine from the University of Glasgow,  and continued studies in forensic pathology in Greece. 

Dr Matsakis gave the following evidence today:

·       The report of the State’s Forensic Pathologist is incomplete as it does not include any history of the teenager examined including personal appearance, height, and weight (he referred to numerous pathologists’ expert texts which state that this is required);

·       There was no examination of the teenagers’ clothing as he would expect from a diligent forensic pathologist, ‘this has to be done- surprised it was not’;

·       In regards to the way in which the physical examination was carried out he noted that there were no close up photos of the bruising on the teenager, there was no measurements of the bruises (‘this is really easy to do’);

·       He had examined the photos taken of the teenager by the state pathologist and created a body plan setting out where bruising and broken skin appeared on her body (‘it’s a plan with all the bruises observed on the body, this would be useful if such a plan was attached to the [State pathologist’s]  report’)

·       There were a number of bruises that he had found which were clearly visible in the photos of the teenager which were not mentioned in the State Pathologist’s report;

·       There bruises that he had noted were recent bruises;

·       Injuries included bruises to the knees, the legs, the buttocks, broken skin near the ankle, scratches up underneath the underwear, bruising to the wrist;

·       The bruises ‘which appear on the hand, they could have been created by grabbing someone by violence and leaving the marks by the fingers’;

·       He could not assess whether there was bruising or injury to the upper body as the photos exhibited by the State Pathologist had the teenager wearing a shirt; (‘cannot understand why this part of the body was not photographed, this would be really necessary to photograph the whole body, especially the back, this was not done.);’

·       That he ‘Doesn’t have any doubts that violence was exercised on the body of the examined person to have these bruises’ and he is ‘sure violence was exercised’;

·       In regard to the examination of the teenager’s vagina ‘there was no detailed examination of the upper part of the vagina, or the part around it’ which could establish where the blood in the vagina had come from;

·       That ‘a woman clearly not in a good state as the pictures show, with a big number of external bruises on her body, most of them recent, and some of them created excising violence by someone’s hands, and we have some fresh blood in vagina, would set off alarms bells as a forensic doctor, my position is this data is related to rape’;

·       He would like to emphasise that ‘Absence of trauma to a rape victim does not negate the validity of a claim or rape. In analysis of 451 rape victims at Parkland Hospital in Dallas only 34% showed any evidence of trauma, only 18% had any trauma in genitalia’ (REF Forensic Pathology, Dominick J Di Maio, Vincen J.M Di Maio, Chapter 18, page 391) however in this case there was injuries which support his position;

·       That considering the DNA Report which was undertaken using swabs from a number of condoms found in the room, the teenagers face, and sheets in the room, showed that  there is genetic material of at least 4 of the Israeli youths including DNA of 3 of them taken from the inside of a condom containing sperm which found in the room;

·       That there was blood from the teenager found on one of the condoms and ‘if the penis traumatises the vagina then there would be blood on outside of the condom.’; and

·       That the medical report of the Israeli youth which was put to Dr Matsakis to consider by the Prosecutor supported the teenager’s account of being raped as she described.

Justice Abroad’s Michael Polak stated the following:

‘Dr Matsakis is a very experienced forensic pathologist who has given evidence in Australia, Israel, Greece, and the higher court’s in Cyprus. He set out the multiple failings in the State Pathologists’ report including some as fundamental as failing to document bruises which can be clearly seen in the photographs and failing to examine or take any photographs of the upper body. Based on Dr Matsakis’ evaluation of the evidence including the large number of bruises on the teenager’s body, some indicating violence caused by someone’s hands, and the fresh blood in the vagina, his position was that the indication was that the teenager was subject to rape.

This is further evidence that support what we have been saying all along and its worrying that the teenager remains on trial and cannot return home despite this evidence being available.’

The trial will continue with closing submission to be made this coming Thursday 12 December 2019 at Famagusta District Court where the Defence will argue that the evidence does not show that the teenager committed Public Mischief but that she was subject to a rape as she has said all throughout the trial process.

The continued fight to obtain justice for the teenager by countering the Prosecution’s narrative with independent experts and the possible appeal process should the Judge finds the teenager guilty requires increased funding. The teenager’s family continue to raise funds by the Go Fund Me page www.gofundme.com/f/Help-Teen-Victim-Get-Justice-In-Cyprus and wishes to thank all those from the United Kingdom, Israel, and the rest of the world who have contributed to the fundraising campaign at what is a difficult and unexpected time for them.

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 help such families with these dilemmas and many more, three experts, Michael Polak, a barrister with an international practice focussed on the assistance of foreign nationals in trouble around the world, David Swindle ,  a former Detective Superintendent who has worked on hundreds of murders and complex high profile investigations in the UK and abroad during his 34 years in the police, and David Walters MVO, a former British Diplomat with over thirty years’ experience having served in over a dozen countries around the world, have pooled their extensive experience.  Justice Abroad is endeavouring to ensure that their client experiences a fair, transparent, and unbiased trial process in Cyprus.

Lewis Power QC is a barrister who was called to the Bar of England and Wales in 1990 and achieved the senior rank of Queen’s Counsel (QC) in 2011. He has a strong reputation for fighting difficult cases at trial and advising and advocating in matters with international and cross-jurisdictional elements.

Nicoletta Charalambidou is human rights lawyer with an expertise on European Union law and with a particular interest in victims and suspects rights in criminal procedures and discrimination in the administration of justice. She is also a member to the Legal Experts Advisory Panel of Fair Trials. 

Ritsa Pekri is a civil and criminal law lawyer working with Nicoletta Charalambidou LLC with strong experience in criminal cases and those matters involving human rights related issues.

Justice Abroad is also cooperating with KISA - Action for Equality, Support, Antiracism which is a national NGO active in the field of antidiscrimination and antiracism, including discrimination in the administration of justice and a human rights violations watchdog working in the field of victim and suspects rights under EU law.