The Supreme Court will on October 14 start deliberations on whether a murder ruling over the death of national guardsman Thanasis Nicolaou will be annulled following a motion filed by former state pathologist Panicos Stavrianos.
During a hearing on Tuesday, the full bench set a new date, giving lawyers from both sides 15 days to submit their final arguments.
The case is part of a certiorari petition filed by Stavrianos, whose initial ruling 19 years ago is at odds with the findings of the third inquiry into Nicolaou’s death.
Nicolaou was found dead under Alassa bridge in 2005. He was 26 at the time and was a conscript in the national guard.
Stavrianos was called to the scene and determined Nicolaou had killed himself. His family has fought for years that Nicolaou was murdered, with experts in the past saying the body did not have signs consistent with a fall from a 20 metre bridge.
The third inquiry into Nicolaou’s death in May validated the family’s arguments, after it ruled he was killed as a result of strangulation.
Stavrianos has since filed a case to annul the findings.
Last week, lawyers for Nicolaou’s family filed their objections over Stavrianos’ certiorari, arguing his rights were never affected during proceedings. The family is represented by law firms of Leto Cariolou, Christos Clerides and Nicos Clerides on behalf of the firm Lefkos Clerides.
They said only the legal service has the right to submit a certiorari but it did not do so.
Representing the legal service on the case is the deputy attorney general Savvas Angelides, who said it “identified serious legal issues” in the ruling of the third death inquiry.
Following the inquiry which ruled Nicolaou was murdered, cabinet appointed two independent investigators.
Retired Greek police lieutenant Lambros Pappas and lawyer Thanasis Athanasiou have been tasked with uncovering the circumstances behind Nicolaou’s death, as well as any “reprehensible acts” and omissions in how the case was handled.
The investigation is going ahead, and is not linked to the certiorari motion.
