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Former Commissioner for Volunteerism, Yiannakis Yiannaki, who faces eight charges of forgery and circulation of forged documents, appeared before the Nicosia District Court today with a new lawyer. During today's hearing, Judge Nicole Gregoriou read the court's decision to reject the recusal request he filed on December 17, citing alleged bias in the case.
Following a request by his defense lawyer, Thanasis Korfiotis, for time to prepare, the next hearing was set for January 30, 2025, at 11:00 AM.
The accused, who appeared on December 17 without a lawyer after the departure of Yiannis Polychronis from the case last November, had filed the recusal request, citing the impact of media reports and statements that he claimed were influencing the judicial process.
Judge Gregoriou, reading the response to the defendant's request, stated that the application was unjustified and lacked foundation, and therefore it was dismissed. She further added that any decision on her own recusal from the case, "without good reason and based on unfounded and unsubstantiated claims, would equate to resigning from the performance of her duty."
She also explained that "every judge has a role to fulfill, which cannot be renounced except for good reason," and that "in the absence of valid reasons, the impersonal pre-determination of the composition of the court, an element of utmost importance for the proper administration of justice, would be undermined."
Referring to a ruling by the Supreme Court in the case of Pitsillos v. the Republic (1994), the judge noted that the criterion for recusing a judge is the creation of a justified impression that there is a real likelihood of bias from the judge in the mind of the average reasonable citizen, who is aware of all the facts. She stressed that mere speculation and distrust are not sufficient.
Furthermore, she pointed out that the Supreme Court had emphasized that in Cyprus, members of the judiciary act with independence and impartiality by default, without being influenced by media reports, unless it is clearly proven that bias existed in a particular case.
Judge Gregoriou noted that the case had been prioritized and was ongoing before the court with the same panel since July 19, 2024, after a decision was issued regarding pre-trial requests submitted by the defense on September 27, 2023, when the court took up the case. She mentioned that by November 28, 2024, three hearings had been held, and the court had approved every postponement request filed by the defendant's defense.
Additionally, in response to a claim by the defendant, the judge reassured Mr. Yiannaki that "the impression that at this stage (the court) is only dealing with older cases or remand cases is incorrect and the result of misinformation." She concluded by stating that in any case, it is the duty of the court to ensure that each accused person's right to a timely trial is safeguarded.
At the outset, Thanasis Korfiotis, who appeared today as the new lawyer for Mr. Yiannaki, noted that he intended to advise his client to withdraw the recusal request. However, Judge Gregoriou explained that since the request had already been filed in the previous hearing and the court had proceeded to examine it, it was her duty to respond to it.
Mr. Korfiotis informed the court that he had only recently been in contact with the defendant and therefore had not had sufficient time to review the case thoroughly to advise his client properly. As a result, he requested three weeks to study the case and obtain all the relevant evidence. He committed to ensuring that once he was fully informed, he would assist in moving the case forward without delays.
The prosecution did not object to the defense's request for an extension but emphasized that they wished for the next hearing to be scheduled promptly. At the conclusion of today's proceedings, Judge Gregoriou set the next hearing for January 30, 2025, at 11:00 AM.
