The Supreme Court reserved its decision on the application for the issuance of a prerogative writ of certiorari filed by Nicos Clerides, seeking the annulment of the search warrant issued against him in the context of the investigations into the 'Sandy' case.
During the hearing, the lawyer of the Republic informed the court that the Attorney General does not intend to file an objection to Mr Nicos Clerides’ application. At the same time, it was stated that communication had taken place with one of the investigators in the case, who confirmed that from the beginning of the investigation instructions had been given not to access any private communication data that may have been included in the items seized during the search. It was further stated before the court that no processing of the content of the seized items had taken place.
From the applicant’s side, the lawyer of Nicos Clerides, Alexandros Clerides, stated that despite the fact that the Attorney General did not file an objection to the application, the defence fully adopts the content of the application and the written address that had been submitted at the stage of securing leave for its filing.
As he argued, the subject of the proceedings does not concern the investigative work that followed the execution of the search warrant, but the legality of its issuance and execution. He further added that the Police’s access to the applicant’s premises and electronic devices in itself constitutes a violation of constitutionally protected rights, regardless of whether the data seized was subsequently processed. "The violation existed and the restoration of this violation begins with the issuance of the prerogative writ of certiorari, as per our application," he stated.
With the decision of the Legal Service not to file an objection, the way is opened for the annulment of the search warrant.
