Athens, March 20, 2015/ Independent Balkan News Agency
By Spiros Sideris
The Special Court stopped proceedings until March 24 when it will deliver its judgment in the case of former Finance Minister Giorgos Papaconstantinou.
The President Nicholas Passos announcing the date of the decision, said: “I would like to thank the Prosecutor and all members of the Court because they tried with their questions to clarify this somewhat obscure case. The Accused and his defendants who with dignity and full respect for the court tried to lighten the case to an unprecedented climate. In practice it interrupts 03/24/2015 at 18:00 for the ruling. On 24 and not 25 because it is a holiday and we will have celebrations and festivals”.
Earlier, the prosecutor of the Special Court, jokingly, presented herself as Agatha Christie and after the speech of Mr. Dimakopoulos requested the floor to speak again.
“Agatha Christie to say certain things. We must call things as they are. I have the feeling that the most important finds were ignored from the experts reports. I was left feeling that the results were ignored: a) The name ‘Windows User’ is not a computer name but a user name, so I can write from where I am, either in the Environment or elsewhere. b) The original usb delivered in Mr Diotis was said that it would be the one that would solve everything.
But this is an absolute copy of what we have, which is what was delivered by Mr Venizelos. All that it would give us would be the date of its creation by Papakonstantinou. Nothing else. No other trace was found. With the destruction of the usb disappeared the date of its creation and that worked in favour of Mr Papakonstantinou. And I doubt if he did not retain a copy in his drawer when he handed the other to Mr Diotis. The electronic file is a document and its publisher is its creator. The cds were issued by the Swiss bank. This makes it a document according with the law”, Xeni Demetriou said in her second closing speech.
Referring to the offense of attempted infidelity, the public prosecutor said the loss of the State must necessarily be determined and justified by the court, because, as noted, its extend will determine whether it is a misdemeanor or a felony, or if it will be included in the provisions on public abusers.
“The damage must be permanent and certain and the offender must have acted fraudulently. That is, with the deleting of the file the offender must know the amount of tax evasion he spared his relatives. But we are speaking of a finance minister and economist. Alas if he did not know… “.
Referring to the audit of the Financial Crime, she stressed that “it has been completed for his relatives and it is 5 million, as is apparent from the temporary acts of KEFOMEP… The fact that these are temporary actions pending the appeals to the administrative courts, in most violations of the law this does not affect the developments against the applicants, nor the progress of the proceedings, especially when there is damage to the state. The fact that these offenses are not definitely ascertained”.
Xeni Demetriou also stressed referring to the cd that Mr. Papakonstantinou “treated it as legal evidence. His responsibility refers to the usb and its illegal transportation, since indeed the cd was illegal evidence. The assumption, however, that the Accused has not committed any illegal act leads to promiscuity”.