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Why were the three Golden Dawn MPs released on bail?

“Why were the three Golden Dawn MPs released on bail and not remanded in custody?” This is the sole question puzzling Greeks and foreigners alike, while doubts are also being expresses on whether “the indictment was not watertight enough.”

The decision to set three GD MPs free on bail on Wednesday morning did not only surprised national and international media but also citizens, the government and the political world and ‘judicial circles’ – as I read.

Several legal advisers but also Justice personnel try to give a legal explanation about the judges decision.

Fact is that the judge would not have released them on bail if he was convinced that they were innocent.

Fact is also that the three GD MPs were not deprived of their defendants-status as the investigation in depth is continuing.

Speaking to Athens News Agency on conditions of anonymity, judicial sources stressed that the imposed restrictive conditions (bail) are based on a specific legal interpretation according to which the evidence according to which they were indicted has not be removed.

Instead the evidence is considered as “tied” [watertight] but that the specific defendants were not suspected of fleeing or suspected of committing new offenses, as they are known people and their connections to each other as known as well.”

Below there is some more detailed legal explanation on the case and the release on bail:

“Legal circles emphasize that the fact that the three Golden Dawn MPsIliasKasidiaris, IliasPanagiotaros and Nikos Michos we not remanded in custody means that the evidence against them was not sufficient to be taken in custody.

Citing the law, they claim that in order to be remanded in custody, the judge must suspect that the accused may flee and that he was capable of committing further offenses.

As pointed out,  the judge has already banned them from leaving the country, so that they cannot flee, and further, as they are active Members of the Parliament it is very difficult for them to commit new offenses.

However, the judicial investigation is still at the beginning. After the apologies of the defendants, investigators will thoroughly investigate the case, and if during the interrogation, there is new evidence,  the defendants will be invited for an additional questioning and defence.

When investigation concludes, it will be up to the judicial council to decide whether they will be referred to trial or not.”

(article in Greek Newsbomb.gr via yahoo.gr)

As for the fourth GD MP, Giorgos Lagos, “he was remanded to custody because there was evidence directly linking the offender with the murder case of leftist musician Pavlos Fyssas in Keratsini by a GD member on September 17th 2013,” judicial sources told ANA.

gd released

  Michos, Panagiotaros, Kasidiaris

Crucial for the further development of the case is the testimony of Golden Dawn leader Nikos Michaloliakos expected to appear in court at 3:30 p.m. today and whether he will be taken in custody or not.

Michaloliakos court appearance was postponed for later in the evening, after 7 p.m. Reason for the postponement is prosecutors gave priority to four arrested Golden Dawn members to defend themselves.

 

 

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One comment

  1. Maybe becuase the states case is weak?…..

    “In such a climate, a well-known lawyer (and very active advocate of the left) voiced his astonishment and disapproval over the arrests. Specifically, criminal lawyer M. Dimitrakopoulos, intervened on ANT1 television during a news break and literally dropped a bombshell but was immediately cut off air for voicing his opinion.

    Dimitrakopoulos who clarified that he is an active supporter of the center-left family, and suspiciously said that he has friends of Jewish faith, noted that the charges against the Golden Dawn party will not stand up in a court of law.

    Specifically he said that all testimonies against the far-right party have political connotations and tones. “This whole criminal proceeding and the arrest of an elected politician by the Greek people, cannot stand in a court of law, in terms of criminal procedure and criminal law.”

    He questioned the felonies which reports claim have been committed by the Golden Dawn party, and that are being used to label this party as a criminal organization. Quite interestingly he said that the law which the State is manipulating to charge the Golden Dawn party has been in force since 2001 and it has never operated in such a way (meaning that by using two witnesses a judicial official can come to the conclusion that a criminal organization was at play.)

    CONTROVERSY CRIME POLITICS About HellasFrappeHellasFrappe is a daily news magazine, in the English language, which is committed in informing the Greek Diaspora about the events in Greece, and the surrounding region.”- From Hellasfrappe.blogspot.com