Attorney General Costas Clerides ordered the suspension of the criminal prosecution of the three accused from Avgorou who had grown 1.690 plants, as he considered that the ban so far violated European law. In fact, the Republic may be called upon to pay compensation if the former defendants now take legal action against it, since YKAN had destroyed the plants.
They had also been detained for two weeks and at the same time were abducted, after the raid of the prosecuting authorities took place in the spotlight.
The development took place last week at the Larnaca Criminal Court, where it would be judged whether a case against the three defendants had arisen at first sight. At the outset of the proceedings, the prosecution announced that the Advocate General had ordered the suspension of the prosecution, and the acquittal of all three defendants, as it was of the opinion that the prohibition violated the acquis communautaire.
This development was followed by an announcement by the "Friends of Cannabis" association, which calls it a first victory and not the end of the road, since the court is awaiting an answer to a legal question on whether the Republic is legitimized to prosecute not only the textile but any kind of cannabis
It is recalled that the accused were two farmers who had grown hemp fiber in Avgorou (ie with a content of less than 0,2% THC), as well as Maria A. who operates the website "Medical hemp", which dealt with the category of supply of seeds.
It is noteworthy that the farmers Fotis A. and Panagiotis D. had informed the Ministry of Agriculture, the Cyprus Agricultural Subsidies Organization (KOAP) as well as YKAN about their intention to cultivate hemp without any reaction, but afterwards the Authorities raided, arrested the farmers and Maria A. and destroyed the plantation.
It is also noteworthy that the seeds introduced by M.A. they were not only legal but also certified by the EU, and were received in the presence of the MP of Ecologists George Perdikis. It is also recalled that the KOAP had accepted an application for a subsidy for the plantation, since the organization knew that otherwise it would be illegal.
The two lawyers who represented the defendants were Vassilis Konstantinou and Dimitris Kallenos, who from the first moment had highlighted what the Advocate General then gave his opinion: That the Law on Drugs and Psychotropic Substances of 1977 is lawful and therefore , after the Republic for about ten years avoided harmonizing with relevant European directives.
In the meantime, the case did not end here, as in the context of the trial the defense had filed a request for a preliminary ruling on legal issues related to Community law, so that the court could rule (either directly or by referral to the Supreme Court or the European Court) if the Cypriot law that indiscriminately prohibits all forms of cannabis is legal. This application is still pending.
Source: "POLITIS" newspaper