Judge's 'discourtesy' towards British teenager in Cyprus gang rape case will form part of her appeal
The British teenager facing the sea near Ayia Napa, where the alleged rape took place - ITV
The judge, who convicted a British teenager of lying for allegedly raping in a Cypriot resort, has acted with such "rudeness" that the young woman has not been given a fair trial. Your lawyers will argue when you appeal the conviction.
The 19-year-old from Derbyshire was found guilty of public mischief in January and sentenced to four months by judge Michalis Papathanasiou.
He decided that she had lied when she claimed that she had been repeatedly raped by a group of Israeli tourists in a hotel room in the party town of Ayia Napa last July.
Her lawyers immediately agreed to appeal the decision to the Supreme Court of Cyprus and have now released their main arguments for challenging the sentence.
"It is alleged that ... the trial judge acted rude to the teenager to deny the teenager a fair trial," said the legal team, which includes Lewis Power, a London-based QC, and Michael Polak of Justice in the Abroad that helps Brits who are in legal trouble overseas.
Activists take part in a demonstration to support the 19-year-old after she was found guilty of faking the rape lawsuit outside the Paralimni - Reuters courthouse
They cited a recent civil case in which the presiding judge was found by an appeals court to "have developed an animus towards the applicant."
During the trial, the defense team complained about the judge's brash manner to the clearly traumatized British teenager and protested when he yelled at her.
The defense team has submitted a 154-page skeleton argument that will form the basis for his appeal, which is due to be heard by the Nicosia Supreme Court later this year.
They will contest the conviction on the grounds that the teenager signed a statement withdrawing his original rape suit after being interviewed at a police station for seven hours without a lawyer, family member, or translator.
The British woman was "put under great pressure to withdraw the rape allegations," her lawyers said.
They will repeat the arguments they put forward during the process that the cancellation notice was written in such poor English that it was most likely dictated by a Cypriot police sergeant and not by the teen who was articulated and received several unconditional university offers would have.
The Israeli youth celebrated in Cyprus after their release from custody and were allowed to fly home - AP
The sergeant contested this allegation during the trial. The police did not record their teenage questioning.
"We submitted a detailed skeleton argument that explains exactly why the teenage sentence that was reported worldwide in January is uncertain and should be overturned," said Polak.
"It refers to a number of authorities from Cyprus, the common law case law and the European Court of Human Rights, which strongly support what we have long said about this case that the teenager should not be found guilty and for It would be a wrong decision to have to go through life with this conviction. "
The lawyers referred to other lawsuits that were "almost factually identical to the case of the teenager, as many of them relate to evidence that has been provided under circumstances that make the evidence unreliable, such as a boy under pressure People act without a lawyer and without other procedural guarantees such as the recording of police interviews. "
Ayia Napa is the most popular resort in Cyprus - AFP
The judge failed to consider important evidence, including a condom that contained DNA evidence from three Israeli youths and blood.
If the appeal to the Supreme Court fails, the defense team will take the case to the European Court of Human Rights.
In his January verdict, the judge said the public mischief charge was a serious crime. The teenager wrongly incriminated 12 Israeli men arrested after the alleged attack.
He decided that there was "no rape at all" and that the testimony she gave to the court was "wrong."
He said he was given a suspended sentence after considering the woman's young age and fragile emotional state.
The 12 Israeli tourists, aged between 15 and 20, denied any wrongdoing and returned home after being released from police custody.
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