CASES D E C I D E D BY THE SUPREME COURT OF CYPRUS ON APPEAL AND IN ITS ORIGINAL JURISDICTION Cyprus Law Reports Volume 2 (Criminal) 1979 January 25 [TRIANTAFYLLIDES, P.f L. Lorzou, HADJIANASTASSIOU, A. Loizou, MALACHTOS, DEMETRIADES, SAVVIDES, JJ.] THE REPUBLIC, .v. ANDREAS POURIS AND OTHERS, Accused. ( Question of Law Reserved No. 175). Criminal Procedure—Trial in criminal cases—Acquittal of accused at closeof casefor theprosecution—And additionof twonewcounts— Questions of law reservedfor the opinion of the Supreme Court on the application of the Attorney-General—Section 148
(1)of the Criminal Procedure Law, Cap. 155—Attorney-General not considering it any longer necessary to have opinion of Supreme Court on the said questions of law—Counselfor accusedagreeing with this stand—Trial regarding'the added two new counts will not be affected if Supreme Court does notpronounce on the questions of law—Proceedingstreated as having been discontinued on the application of the Attorney-General with consent of counsel for the accused. \ Republic ?. Pourls & Others
(1979)On the application of counsel for the prosecution, on behalf of the Attorney-General of the Republic, the Assize Court of Limassol reserved, under section 148
(1)of the Criminal Procedure Law, Cap. 155, for the opinion of the Supreme Court eight questions of law in relation to a ruling it had given at the 5 closeofthecaseoftheprosecution bymeansofwhichitacquitted the accused on four counts ofpremeditated murder, added two new counts and called upon them to plead thereto. Oh the day of hearing of the questions of law the Deputy Attorney-General informed the Supreme Court that the Attor- jg ney-General did not consider it to be any longer necessary, for the purposes of the trial of the case in question by the Assize Court, to have the opinion of the Supreme Court on the said questionsoflaw,andthat thetrial ofsuchcaseshouldbeallowed to proceed in respect of the two new counts. Counsel for the j5 accused agreed with the stand taken bythe Attorney-General. Held,that there emerges clearly from the record that the further course of the trial, as regards the added twonewcounts, will not be affected at all if this Court does not pronounce upon the aforementioned questions of law; that, therefore, the 20 proceedings regarding the said questions of law will be treated ashaving been discontinued onthe application ofthe AttorneyGeneral and with the consent of counsel for the accused; and that the trial Court will be informed accordingly so that it may proceed with the trial of the accused on the two new added 25 counts. Order accordingly. Question of Law Reserved. Question of Law Reserved by the Assize Court of Limassol (Loris,P.D.C., Hadjitsangaris, S.D.J,and Chrysostomis, S.D.J.), <JQ for the opinion of the Supreme Court, under section 148
(1)of the Criminal Procedure Law, Cap. 155,on the application of the Attorney-General of the Republic, upon the acquittal of the accused on four counts of the offence of premeditated murder, the addition of two new counts and the calling upon of the ^ accused to plead thereon. L. Loucaidesf Deputy Attorney-General of the Republic, with M. Kyprianou, Senior Counsel of the Republic, for the Republic. A. Eftychiou, for accused 1and
- 40 M. Christofides, for accused 2, 4, 6 and
- P. Solomonides, for accused
- 2 2 C.L.R. Republicτ. Pouris & Others TRIANTAFYLLIDES P.gave thefollowing decision of theCourt. Inthepresentcasethetrial Court,theAssizeCourtof Limassol, after it had given, at the close of the case for the posecution, a Ruling acquitting the accused on four counts of premeditated 5 murder, on the ground that no prima facie case had been made out against themsufficiently to require them to make a defence, added two new counts and called upon the accused to plead thereto. At that stage counsel for the prosecution applied, on behalf 10 of the Attorney-General of the Republic, that the trial Court, before proceeding any further, should reserve, under section 148
(1)of the Criminal ProcedureLaw, Cap. 155,eight questions of law, in relation to the said Ruling, for the opinion of the Supreme Court; and the trial Court,in view of the mandatory 15 provisions, in this respect, of section 148
(1)reserved the ques tions applied for; thusthepresent proceedings camebefore us. Today the Deputy Attorney-General has informed us that the Attorney-General does not consider it to be any longer necessary, for the purposes of the trial of the case in question 20 by theAssize Court,to have the opinion of the Supreme Court on the said questions of law, and that the trial of such case should be allowed to proceed in respect of the two new counts; it appears that the Attorney-General does not continue to challenge thevalidity of theacquittals of the accused in relation 25 to the four initial counts for premeditated murder. Counsel for the accused have agreed "with the stand taken by the Attorney-General; and there emerges clearly from the record before us that the further course of the trial, as regards theadded two new counts,willnotbeaffected at all if wedonot 30 pronounceupon the aforementioned questions of law. We, therefore, have decided to treat the present proceedings before us as having been discontinued on the application of the Attorney-General, and with the consent of counsel for the ac cused, and we shall inform the trial Court accordingly, so that 35 it may proceed with the trial of the accused on the two new added counts. Proceedings discontinued. 3