The Court of Appeal has unanimously rejected an appeal by monk Sorin Marian Mariutsa against a remand order keeping him in custody until his appearance before the Paphos Criminal Court on 7 October, ruling that the lower court had made no error in its assessment of the risk that he might abscond.
The appellant faces, among other charges, attempted murder, two counts of acts intended to cause grievous bodily harm, two counts of causing injury, and two counts relating to possession of a utility knife with a pointed blade.
Court rightly assessed risk
In its 10 September ruling, the Court of Appeal found that the trial court had properly addressed the issue of detention, taking into account both the seriousness of the alleged offences and the penalties they carry, as well as factors relevant to the risk of the defendant failing to appear for trial.
The court referred to evidence presented before the lower court, including testimony from individuals who were present at the scene, a voluntary statement given by the appellant, scene indications provided by him, and a medical report stating that if one victim's wound had been just two millimetres deeper, it could have been fatal.
The Court of Appeal noted that detention proceedings are not the stage at which evidence is subjectively evaluated or where the weight to be attached to witness statements is examined.
Nor, it said, is it the stage at which the voluntary nature or otherwise of a defendant's statement is assessed.
Based on the material before it, the court agreed with the lower court's finding that there was a prospect of conviction and found no omission that would justify reaching a different conclusion.
Strong ties to Republic ‘insufficient’
A central argument in the appeal was the claim that the accused has strong ties to the Republic of Cyprus and therefore should not remain in custody.
The appellant, a Cypriot citizen of Romanian origin, was naturalised as a Cypriot citizen and has lived permanently in Cyprus since 2004 as a monk at the Monastery of Agios Neophytos.
He also cited his close relationship with his father, who died and was buried in Cyprus, stating that he maintains a daily connection with his father's grave.
The Court of Appeal, however, endorsed the lower court's conclusion that these circumstances did not constitute ties to the country and its people sufficient, in the circumstances of the case, to act as a safeguard against the risk of absconding.
The ruling noted that even where an accused person has established ties to Cyprus, this alone is not enough to rule out detention. The key consideration, it said, is the extent to which personal circumstances may affect the risk of the defendant failing to appear in court to stand trial.
The Court of Appeal also stressed that personal liberty remains the starting point and that detention is an exceptional measure.
It nevertheless found that the lower court had taken all relevant factors into account and had properly exercised its discretion.
All five grounds of appeal were dismissed, and the detention order was upheld in full.
The monk is scheduled to appear before the Paphos Criminal Court on 7 October 2026.
Source: CNA
