All evidence in police hands relating to allegations made by journalist Makarios Drousiotis will be sent to a specialised Europol forensic laboratory, the Justice Minister announced on Wednesday. Europol will submit findings to the Cyprus Police on completion of its examination, focusing primarily on the authenticity of the messages in question. Results are not expected before Easter.
The question of appointing an independent criminal investigator, raised in connection with Drousiotis's allegations, has been set aside for now, pending the outcome of the Europol forensic review. The Cabinet decided to refer all evidence currently held by police to Europol's specialised laboratory, Justice Minister Marios Fytiris announced.
Among the materials expected to be sent to Europol are messages submitted both by Drousiotis and by Nikos Klerides. While it is believed that the majority of these are the same messages, passed to both men by the key figure in the case, Sandy, all messages and any other material retrieved from electronic devices will be included in the referral.
Procedurally, the directorate responsible for liaising with Europol is the Cyprus Police's EU and International Police Cooperation Directorate, which handles all cross-border processes including European Arrest Warrants. The approach is not without precedent: the same procedure has been used in past cases where it was deemed preferable to have digital evidence examined by Europol rather than the police's own forensic laboratory.
According to information obtained by Politis, the decision to refer the evidence to Europol was taken in part to pre-empt domestic controversy and to ensure the results, particularly regarding the authenticity of the messages, could not be credibly challenged. The appointment of an independent criminal investigator will only be decided after the Europol findings are received. If the messages are found to be authentic, in whole or in part, the Cabinet will appoint an independent investigator. If they are found to be fabricated, the police inquiry will shift direction, focusing instead on identifying who created and circulated them.
Evidence quality
A significant variable in the Europol review is the quality of the evidence being submitted. Whether the messages are available as raw data directly from an electronic device, or only as screenshots or photographs of a screen, will materially affect what conclusions can be drawn. Authentication is considerably more straightforward in the first scenario; in the second, reaching a definitive finding is considerably harder.
Timeline
The Justice Minister said the evidence would be sent to Europol promptly and that results were expected after Easter. However, no firm timeline can be set: the volume and complexity of the messages will be determining factors in how long the examination takes.
Investigation continues
Wednesday's Cabinet decision does not affect the separate ex officio police investigation, which remains ongoing. Fytiris confirmed that police continue to conduct inquiries and take statements. He noted that the briefing he had given to Cabinet reflected the state of the investigation and the evidence gathered to date. Asked whether the appointment of an independent investigator had been discussed, the minister said that once Europol's findings are received, he will brief Cabinet again and a decision will be taken at that point.