The Law Office had decided to drop a criminal investigation into the suspended Paphos mayor Phedon Phedonos over a planning permit case that triggered complaints in April 2023.
A senior prosecutor told Phileleftheros that Phedonos had been investigated for interfering with judicial proceedings – a charge covering attempts to pressure people involved in legal cases or police investigations.
Police examined the case and made a formal recommendation to prosecute.
But by the time police files reached the Law Office, key facts had changed. Prosecutors decided any criminal case would fall in court and wouldn’t be worth pursuing.
Two complaints over Turkish Cypriot property
The case centred on a tenant who had leased a Turkish Cypriot property. He filed two police complaints.
The first came in early 2021. Municipal workers had allegedly broken the locks and removed the doors from his property. The doors were replaced much later by the custodian of Turkish Cypriot properties.
The tenant said the municipality stored someone else’s belongings in his premises without his permission.
The second complaint, filed on 4 April 2023, accused Phedonos of blackmail. The tenant’s planning permit had cleared all approval stages by 13 December 2021, but according to his complaint, the mayor wouldn’t sign it.
When Phedonos eventually did sign, the permit still wasn’t forwarded despite repeated requests.
The tenant told police that on the afternoon of 20 March 2023, whilst with his parents, Phedonos rang him and said: “To collect your permit you must withdraw the complaint you made against me to the police” – referring to the February 2021 complaint.
Why prosecutors dropped the case
A senior Law Office source said that by the time police sent both files, the facts had shifted. The door problem had been sorted out, and the planning permit had been handed over to the tenant.
With these delays and changed circumstances, prosecutors decided the public interest wouldn’t be served by filing charges.
Beyond this, the complaint about illegal interference at the property didn’t amount to a crime, since the intention had been to repair all properties in the area.
The source explained the tenant could take civil action to claim compensation for losses from delays in using his property. When asked, the Law Office confirmed the tenant was a lawful occupant of the property.
The source added that based on police recommendations, the mayor could have been prosecuted for interfering with judicial proceedings.
The case was archived around the end of 2024, according to sources.
Three-year sentence for interfering with proceedings
Under the criminal code, interfering with judicial proceedings (article 122) carries a three-year prison sentence on conviction.
The law states: “Whoever commits any act – (a) intended or likely to prevent any person from acting in any judicial capacity or in any way as an advocate, witness or party to judicial proceedings, (b) intended or likely to obstruct or in any way influence any judicial proceedings or any police investigation conducted for the purpose of initiating judicial proceedings or investigation conducted under the provisions of any law, is guilty of a misdemeanour and liable to imprisonment for three years.”
Audit Office preparing investigation
Information has been gathered about Paphos Municipality’s activities and is being assessed to decide which areas the audit will focus on.
One issue likely to be examined is how the municipality handled Turkish Cypriot properties. Phileleftheros obtained a Law Office opinion from November 2022 responding to the municipality’s request for subletting rights to Turkish Cypriot property.
The opinion stated: “Our positions on this matter have been expressed many times in the past. More specifically, on the basis of current legislation, it is our position that the Turkish Cypriot Properties (Administration and Other Matters) (Temporary Provisions) Law of 1991 (139/1991) does not contain provisions granting subletting rights to Turkish Cypriot properties, nor does it permit profiting from them, since the basic purpose of the law is protecting these properties and meeting refugee needs. The Custodian of Turkish Cypriot Properties has absolute authority to manage them, taking into account various factors which, though not institutionalised at present, are judged case by case. In the past, exercising powers granted by law, for humanitarian reasons or others he deemed appropriate under the circumstances, he exceptionally permitted tenants who sublet to remain, however, as you know, in the case of the Mackenzie area and Larnaca Municipality, this practice created a host of problems. Therefore, the request made by Paphos Municipality for allocation of vacant properties and subletting rights through a tender process has no basis in existing legislation.”
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