References to possible criminal liability involving members of the police, including current Chief of Police Themistos Arnaoutis, were made on Tuesday before the Nicosia District Court during proceedings in the case concerning the death of 14-year-old Stylianos Konstantinou in September 2019.
The issue was raised during the cross-examination of criminal investigator Andreas Andreou by Victor Akamas, the lawyer representing one of the defendants, a Social Welfare Services officer.
The court heard that Andreou and Modestos Poyiadjis, the two independent criminal investigators appointed by the then Attorney-General to investigate the child’s death, had made recommendations over possible criminal liability involving both Social Welfare Services officers and members of the police.
Asked whether the criminal investigation had led to recommendations concerning possible offences by police officers, Andreou said recommendations had been made against members of the police over alleged omissions in the performance of their duties. He added, however, that the instructions received were for criminal proceedings to be brought against only one police officer, who, as far as he knew, is being tried separately for neglect of duty.
Possible reference to the police chief
The witness said he had received the findings of an internal police administrative inquiry carried out by then Assistant Chief of Police Andreas Koushioumis.
Asked whether the criminal investigation had identified possible responsibility involving current Chief of Police Themistos Arnaoutis, Andreou initially said he would need to check the report. After consulting it, he said there had been a recommendation.
According to what was read in court, an incident had been reported to police by Stylianos’ mother and recorded on 16 March 2013. The court heard that, under a 2017 police circular on domestic violence, the station officer should have ensured that the investigator who received the assault complaint carried out an ex officio investigation, sought evidence from other persons and questioned the alleged perpetrator to collect evidence.
On that basis, the report found that there could possibly be grounds for the offence of neglect of official duty under Article 134 of the Criminal Code, due to non-compliance.
Andreou was also asked how many police officers had been the subject of recommendations. He said there were 14 police officers, in addition to the defendant in the separate case. When asked whether this meant 15 in total, he replied that he believed so.
The court also heard a reference by Akamas to the police administrative inquiry, according to which Stylianos’ mother had made 21 complaints about domestic violence incidents, without any of them being investigated. The witness answered in the affirmative.
Social Welfare Services actions examined
The cross-examination also focused extensively on the actions of the defendant and Social Welfare Services records concerning the minor’s living conditions.
The court heard references to records indicating that Stylianos appeared in 2011 to be “more cooperative” and that he “liked school”, with Andreou agreeing with the content of the relevant entries.
Asked whether the criminal investigation had produced any specialised assessment confirming that what Stylianos had said about his living conditions and domestic violence incidents was true, Andreou said those who had handled the boy’s case had given statements. He added that he did not recall any reference suggesting Stylianos had lied or invented stories.
Further references were made to the defendant’s records on visits to the family home, contact with the school and steps taken to improve the child’s living conditions.
Andreou agreed that, among the Social Welfare Services officers who handled the case, the defendant appeared to have made the most records and had visited both the home and the school.
He also said that some actions appeared to have been taken by the services, but clarified that the investigators’ position was that not all necessary steps had been carried out. Some objectives, such as repairs to the home, appeared to have been implemented, while others, including psychological support for Stylianos and his participation in afternoon lessons, did not appear to have been completed.
Earlier in the proceedings, during cross-examination by Constantinos Kazantzios, the lawyer of another defendant, the witness was asked about a 2020 statement concerning information that Stylianos had allegedly attempted suicide on 11 May 2019.
Asked whether that incident was linked to romantic disappointment involving a schoolmate, Andreou said there was no clear evidence to support that. He said statements from classmates indicated that the 14-year-old had said there were “many and various” reasons that led him to that act.
The hearing was set to continue on 8 June at 11:00.
The case concerns the death of Stylianos Konstantinou in September 2019 and examines whether responsibilities arise within the family and on the part of state services.
At issue is whether there were incidents of abuse or neglect within the family, whether the mother knew of incidents and failed to report them, and whether the competent Social Welfare Services officers acted adequately or failed to assess and respond to complaints that could have helped prevent the child’s death.
Source: CNA
