Investigation into Thanasis Nicolaou’s murder to proceed despite certiorari

The independent investigation into the circumstances behind the murder of Thanasis Nicolaou will plough ahead despite the certiorari (a writ or order by which a higher court reviews a case tried in a lower court) filed by state pathologist Panicos Stavrianos.

Sources close to the matter confirmed on Thursday that the latest developments would not affect the ongoing investigation.

A unanimous decision by the full bench of the Supreme Court earlier this week granted Stavrianos the green light to file a case seeking to annul the third death inquiry into Nicolaou’s death.

The inquiry was the first time in 19 years in which a court and official body ruled Nicolaou was murdered as a result of strangulation.

It was in line with what his family has fought to prove for close to two decades. Stavrianos was the state pathologist who examined Nicolaou and ruled his death was a suicide.

The fracture of Nicolaou’s hyoid bone was deemed in the latest death inquiry to point to his murder, judge Doria Varoshiotou ruled in May.

Stavrianos’ lawyer Adrianna Klaedes said the certiorari had been filed to the Supreme Court a day earlier, and the first hearing would take place on July 24.

The application was filed on four grounds. Firstly, it contests the actual findings of the inquiry, and argues it wrongly deemed Nicolaou was murdered. In effect, it claims that Stavrianos’ initial ruling that it was a suicide was correct.

The second reason behind the certiorari is that Stavrianos was not allowed to testify during the inquiry. Similarly, the third argument is that no other state pathologist that got involved in the case subsequently was granted the right to take the stand.

Lastly, Stavrianos is seeking to argue that the “interpretation” of what submitted before the inquiry was mistaken, according to Klaedes.

During the first hearing slated for next Wednesday both the attorney-general’s office and the family will have the right to file an appeal, Klaedes said.

The developments have sparked a wave of fury from the public and Nicolaou’s mother, who charged they have once again been forced to face the corruption smeared all over this case.

“[Stavrianos] is criminally covering up a violent murder and he knows it.”

She pledged she had staked her life on revealing the truth of who killed her son, who was 26 when in 2005 he was found dead under a bridge in Alassa.

At the time, Nicolaou was serving his national guard duty and experienced severe bullying at his unit. Things became worse when he witnessed drug dealing which he eventually reported, only to be found dead a day later.

“I wonder who the attorney-general will support in all this,” Andriana said. “Will the legal service defend itself? The state? Stavrianos? Or the soldier who has been waiting for justice for two decades because they let his murderers roam freely among us?”

Following the inquiry which ruled Nicolaou was murdered, cabinet appointed two independent investigators to the case.

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.

President Nikos Christodoulides himself said the truth must shine over what happened to Nicolaou, as he stressed it is high time to have answers over the case.

Last month, the investigators called on the public to come forward with any information related to the case, even anonymously. Both have stated they will make no statements to the media due to the sensitivities surrounding the case, unless a situation arises that requires them to say something officially.