Nicosia court rules on admissibility of evidence in death of minor case
In a trial over the death of a 14-year-old boy in 2019, the Nicosia District Court was asked to determine whether sections of a written statement from a kindergarten teacher can be accepted as evidence.
Nicosia court rules on admissibility of evidence in death of minor case
During a hearing in the trial over the death of a 14-year-old boy in 2019, judges in Nicosia were called upon to decide whether sections of a written statement from a preschool teacher can be taken into account as evidence.
The discussion arose after the cross-examination of an investigator was completed and the testimony of the teacher began, who had taken care of the child during the 2008–2009 school year. The witness initially answered routine questions, before the prosecution attempted to submit her written statement as evidence.
Defence lawyers disagreed with the inclusion of certain sections of the document. They argued that specific references contained in it constitute hearsay from another person, who is no longer alive and cannot be presented before the court for cross-examination. The position put forward was that, if the remaining sections of the statement are accepted, the disputed sections should be removed.
After hearing the lawyers' observations, the court gave the prosecution time to present its arguments. It is expected that its legal reasoning will be based on both Cypriot legislation and decisions of the European Court of Human Rights. The hearing for the prosecution's submission was scheduled for Friday.
At the same time, the cross-examination of the investigator by the lawyer of one of the accused, an employee of social services, was completed. The lawyer raised an issue regarding the proper conduct of investigations, arguing that statements from persons should be recorded in writing and signed by the witnesses themselves, in order to ensure their accuracy.
The judicial proceedings concern the death of Styliano Constantinou in September 2019. The court is investigating whether there were any omissions or negligence on the part of both family members and state officials.
Source: Philenews
Source: Philenews