The continuation of the trial of the case concerning the financial aspect of the scandal of the Holy Monastery of Saint Avvakum, before the Permanent Criminal Court of Nicosia, was spent on Tuesday in specifying the defense's objections to photographic material and evidence, which the Prosecution is attempting to present to the Court.
The proceedings are linked to an objection raised during the previous trial by the defense, when the Prosecution attempted to present photographs through the first prosecution witness, police officer P.K., who had photographed objects and sums of money as part of the police examinations of the case.
During Tuesday's proceedings, the defense attorney for the first defendant, monk Nektarios, Kostis Efstathiou, stated that the objection concerns photographic material and evidence which, according to the defense's position, are the product of illegal entry and taking of objects, without a search warrant, from the Monastery and from the home of a relative of the first defendant.
In particular, the defense referred to photographs that, as it said, depict a briefcase, personal belongings, safes, envelopes with money, religious symbols, sacred vessels, relics, crosses, rods and other relics, which, according to it, were illegally removed and transferred to the Metropolis of Tamasos.
Reference was also made to a safe which, according to the defense, was taken from the home of F.Z., the first defendant's mother, where M.Z. was also staying, as well as to another safe which, as claimed, was located in the office and personal space of the first defendant as abbot of the Monastery.
Mr. Efstathiou argued that the material was obtained by the investigating authorities in violation of constitutional rights and rights related to a fair trial, privacy and the protection of personal data. He also reiterated the position for a trial within a trial, in order to examine the legality of the receipt of the evidence.
According to the defense, on the evening of March 5, 2024, after the gates of the Monastery were closed, a number of hooded men forcibly entered the premises and removed objects, which were then taken to the Metropolis of Tamasos. It also claimed that some of these individuals also entered the home of F.Z., from where, according to her, a personal safe of the first defendant was taken.
The defense also stated that, even for items that were not the personal property of the first defendant, they were in his legal possession and management, due to his capacity as abbot of the Monastery.
The defense attorney for the second defendant, monk Porphyrios, Efstathios Efstathiou, adopted the positions of the defense of the first defendant, stating that part of the photographic material and evidence also concerns his own client and that he will provide further information during the next trial.
For its part, the Prosecution Authority, through the Attorney General of the First Republic, Vasilis Bissas, stated that in order to determine the framework of a possible trial within a trial, the defense must fully specify its objections.
Mr. Bissas requested clarification as to whether the defense claims that religious objects, icons, relics, reliquaries, crosses and other relics belonged personally to the defendants or to the Monastery, what exactly the alleged illegality consists of for each category of objects, and how photographs of spaces, such as offices, a courtyard, a mansion, an exhibition and church interiors, are linked to incriminating evidence.
The defense of the first defendant responded that most of the items were her client's personal property, while for the rest she reiterated that they were under his legal possession and management. She added that the ecclesiastical items and the reliquary are linked to the way in which, in her opinion, the case is presented by the Prosecuting Authority, namely with allegations of exploitation of the religious beliefs of believers for the purpose of enrichment.
During the proceedings, reference was also made to evidence concerning a USB with photographs from the churches of Osios Avvakum and Agios Nikolaos in Fterikoudi, which, according to the Prosecuting Authority, were taken on July 9, 2024, approximately four months after the receipt of the evidence from the Monastery. The defense stated that it would take a position on this specific evidence after it was given the material.
The Court set the case for continuation on Thursday, June 18, at 09:30, in order to give the defense time to address this specific evidence and to further clarify the context of the objections.
During the next hearing, a request to relax the conditions for the defendants to appear in court, in order to allow them to go on pilgrimages abroad, is also expected to be examined.
It is recalled that monks Nektarios and Porphyrios face, among other things, charges related to conspiracy to defraud, forgery and use of false documents, theft by proxy, illegal possession of property, money laundering, interference with judicial proceedings and submission of a false tax return.
Both deny any involvement and have not admitted to any of the charges they face.
Source: KYPE
