Rafaela Dimitriadi
Reactions and criticism toward the Council of Ministers were caused by the appointment of Christos Mylonopoulos as one of the five criminal investigators who will investigate any offenses arising from what Makarios Drousiotis states in his book "Mafia State," following the relevant findings of the Independent Authority Against Corruption.
The objections from legal circles as well as from the political parties Alma and AKEL arose because Mr. Mylonopoulos was one of the lawyers of Michalis Zolotas in the Focus case, which is under scrutiny once again due to the "Mafia State" findings.
What Christos Mylonopoulos stated to "K"
Asked by "K" to share his stance on the matter, Christos Mylonopoulos pointed out that he will step away from the investigations concerning the Focus case. In fact, he said that he accepted the proposal to participate in the five-member team of criminal investigators strictly under this condition.
According to him, Vassilios Skouris, Former President of the Court of Justice of the European Union, who was also appointed by the Council of Ministers as a criminal investigator to further investigate the "Mafia State" findings, contacted him and asked him to join the investigative team.
In any case, it appears the Government's task in finding independent criminal investigators was not easy. According to information, more than 40 individuals were approached, but in most cases, the response was negative.
"The Council of Ministers is exposed"
Expressing his opposition to the appointment of Mr. Mylonopoulos, legal expert Simos Angelides told "K" that "there is no such thing as being slightly impartial, and there is no such thing as a slight conflict of interest." He also mentioned that this decision leaves the Council of Ministers exposed.
As he noted, from the moment Christos Mylonopoulos is Mr. Zolotas's lawyer, and because Zolotas himself, Focus, and other connected companies are the subject of the investigation, "obviously there is a conflict of interest."
According to Mr. Angelides, the only solution is his withdrawal and the appointment of another person, or for the panel to proceed with four rather than five criminal investigators. Furthermore, he characterized it as inconceivable for a shadow to hang over a person from the very start, even though his qualifications are not being questioned in any way.
Speaking of a peculiar client-lawyer relationship, which he pointed out also constitutes a direct conflict of interest of a financial nature, he argued that it is an impediment to his participation in the committee.
At the same time, he questioned whether the Republic knew of the relationship between the two when it proceeded with the appointment of Mr. Mylonopoulos, emphasizing that if there was knowledge and consensus, this is even more tragic. "How are they trying to convince people that the investigators are independent and objective when one of the five clearly has a conflict of interest?"
Asked to comment on the size of the team, he mentioned that it could have been smaller, and noted that it was not necessary for the investigators to come from Greece. "They could come from a Commonwealth country, namely from India, Canada, Britain, or Australia."
The terms of reference
Referring to the terms of reference of the criminal investigators, Mr. Angelides stressed the need for them to be expanded so there is the freedom and power to investigate undisturbed. He explained that the terms of reference that were given appear to be limited to the investigation of matters concerning the process of the Independent Authority.
According to him, other findings may possibly arise during the investigation, which will either have to be brought before the Council of Ministers again for an expansion of the terms of reference, or the team will be unable to investigate issues that may potentially be identified during the investigation.
"Beyond the composition of the criminal investigators, the terms of reference, which we have not seen yet, must be expanded to let them unravel the thread without obstacles. They may conclude that there is nothing blameworthy, or that there are other potential offenses as well."
The powers of the investigators
Regarding the powers provided to the independent criminal investigators, Mr. Angelides clarified that they will hold the general command. "The Police and the Legal Service will follow instructions regarding what the criminal investigators request."
The decision for the next stage, which concerns the appointment of the prosecutor, remains with the Attorney General.
The recusal of the Attorney General and Deputy Attorney General
The reactions are not limited only to the persons comprising the team of independent criminal investigators, but also extend to the decision for the recusal of the Attorney General and Deputy Attorney General, which came a few days after the publication of the findings.
There were several voices that demanded their resignation after the announcement of the recusal. Among them were AKEL and the DIKO MP, Chrysis Pantelides
