The hearing in the usurpation case against German national Ewa Isabella Kunzel resumes tomorrow with the address of her defence lawyer, as the possibility of a new trial within a trial emerges.
The latest phase of the proceedings follows the 8 October decision of the Criminal Court, which found that the post-arrest seizure of exhibits at Larnaca Airport was unconstitutional and violated the defendant’s rights due to procedural irregularities.
“Fruit of the poisoned tree”
Building on that decision, the defence argues that all evidence obtained after the arrest through unlawful police actions must be deemed inadmissible.
Defence counsel Sotiris Argyrou invoked the principle known as the “fruit of the poisoned tree”, asserting that any evidence derived from illegal actions cannot be accepted by the court.
Courtroom disputes over evidence
During Monday’s proceedings, prosecutor Anna Matthaiou informed the Criminal Court that the case would continue and that the exhibits rejected in the earlier trial within a trial had been separated.
Chief Constable Dimitra Stavrou of the CID Headquarters was then called to testify. From the beginning of her testimony, the defence objected to every exhibit presented, repeating that such evidence should not be accepted.
When the prosecution attempted to introduce Kunzel’s investigative statement, the defence again raised objections. The prosecution responded that all parts relating to the excluded exhibits would be removed, in accordance with the court’s decision.
Mr Argyrou maintained his objections and said he would address the court at the next hearing, potentially requesting a new trial within a trial to reflect the case’s updated circumstances.
The charges against Kunzel
Ewa Isabella Kunzel faces 46 charges related to property transactions in the occupied village of Ayios Amvrosios, in the Kyrenia district, between 2023 and 2024.
She is accused of advertising and promoting the sale of 19 plots of land without the consent of the registered owners, as well as unlawful possession and use of those properties.
Kunzel is also charged with purchasing an apartment on land without the owner’s consent and with participating, as a real estate agent, in five property sales on occupied land.
Judge clarifies court’s earlier ruling
During exchanges about admissibility, presiding judge Nikolas Georgiades intervened after the defence referred to Kunzel’s “illegal arrest.”
“I regret to observe that you repeatedly use the phrase illegal arrest,” the judge said. “That was not our decision in the trial within the trial. Our ruling was that the search of the luggage and the seizure of items were carried out in violation of the defendant’s constitutional rights.” The case continues tomorrow with the defence’s address to the court.