Voire Dire Continues in David Hunter Case with Trial within Trial Adjourned until Wednesday 18 January 2023
JUSTICE ABROAD
“Here When You Need Us”
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, 17 January 2023, the voire dire, trial within trial, continued in relation to whether Mr Hunter was given his right to a lawyer, independent translation, and cautioned before statements were taken from him. The voire dire challenge also concerns the fact that no psychiatric examination was made of Mr Hunter before he was interviewed, despite the fact that that there were a number of factors indicating that he was vulnerable including his age and condition and the fact he had attempt to take his own life. Following the taking of the statement from Mr Hunter by Cypriot Police, he was committed to a psychiatric hospital for 10 days. The defence argue that he was in no fit state to be interviewed when he was and that if a proper assessment was carried out this would have been the conclusion.
Today a paramedic who attend to Mr Hunter was called to give evidence and he was cross-examined. He confirmed that a psychiatrist should have seen Mr Hunter. The final witness for the prosecution in the voire dire, a doctor, was not present and the prosecution stated that he could not be present at any point this week because of healthcare shortages. After the Judge threatened the issuance of a warrant, the prosecution spoke to the hospital and confirmed that the doctor would attend the next day.
The case was adjourned until 11am on 17 January 2023 where the final prosecution witness in the voire dire will give evidence and then the defence evidence will be put before the Court.
Previously this case was adjourned on a number of occasions for the charge to be changed to manslaughter by the Attorney General of the Republic of Cyprus. However, despite defence agreement to the prosecution’s versions of the facts, at the hearing where the charge was to be charged the prosecution decided to go against what was previously agreed and refused to change the charge to manslaughter. At the hearing today, the Court inquired as to whether the prosecution might consider such a change again and they stated that that option is off the table.
Michael Polak, director of Justice Abroad, has stated that:
“In this case, once again, the authorities have taken a statement from a vulnerable foreign national without the presence of a lawyer. It is especially concerning here as that statement was taken whilst Mr Hunter was in a hospital bed and immediately following the taking of that statement he was committed to a psychiatric hospital. It is hard to see how Mr Hunter was in a fit state to be interviewed at the time that he was.
Had a psychiatric assessment been carried out on Mr Hunter, as should happened in cases such as this, they would have found that he was unfit and the interview should have been delayed until he was in a position to be interviewed and to properly understand his right to a lawyer and to remain silent, and the consequences of forgoing these rights.
The delays in this case, which are no fault of the defence, occasion further costs for Mr Hunter. We thank those from the United Kingdom, Cyprus, and the rest of the world for their support for his Crowd Justice Campaign.”
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.