Here is another chapter in this ongoing battle, with resumption of local investigation now due for 28 August.
Helios team questions investigating Judge
By Jacqueline Theodoulou
HELIOS Airways is examining the possibility of requesting the withdrawal of Judge Panayiotis Kallis from the Cypriot investigative committee into last August’s plane crash near Athens, which claimed the lives of all 121 passengers and crew on board.
A member of the airline’s legal team, Christos Neocleous, said yesterday the company had asked to be presented with the practicalities of the investigation proceedings so far.
The company believes Kallis unlawfully quoted parts of the preliminary report, drawn up by Greek Air Accident Investigator Akrivos Tsolakis. The Helios lawyer claimed that due to the report’s confidential nature Kallis should not have discussed it during the testimonial proceedings.
Neocleous added that the company’s aim was not to put a halt to the proceedings, but to ensure the correct application of justice.
On Wednesday, Kallis adjourned the investigation until August 28, after the airline’s lawyers said they couldn’t proceed with questioning witnesses without seeing the contents of the Tsolakis report.
“Kallis clearly justified his decision to adjourn his committee’s activities until August 28”, said Neocleous. “It was because Mr Tsolakis’ preliminary report had been deemed confidential and it was not possible to continue with this procedure without handing out copies to the lawyers.”
But the lawyer said yesterday the adjournment didn’t detract from the fact that Kallis had used the report in the proceedings.
“We are not satisfied [with Kallis’ decision to postpone proceedings]. When the Cabinet decided to appoint the committee, we said we would co-operate and began proving this co-operation with the committee, participating in the procedure”, he said.
“Then, a second problem arose. It was Kallis who used the confidential report, while it was Helios who admitted that the report couldn’t be used and publicised further and asked for the procedure to be interrupted.”
He added that just because the company had received a copy of the preliminary report, it didn’t mean that all the company’s lawyers and members had been informed on its contents.
“Specific members of the company are in the process of studying the report, based on the instructions and regulations that were set by Mr Tsolakis,” said Neocleous.
“We don't want to obstruct any proceedings the state has decided to follow. We are studying all possibilities that will ensure that justice is done under any procedure.”
Neocleous admitted there was a possibility that the company would be turning to the Supreme Court and asking for Kallis’ withdrawal.
“I wouldn't say that Kallis is prejudiced against the company, but from the moment that he is taking part in a procedure, in which, as he admitted, he wrongly used certain things, there are certain legal actions that need to be investigated,” the lawyer said.
“We decided to request the practical details of the committee’s procedure so far, and from the contents the company and its advisors will decide how to act further,” he concluded.
The President of the Cypriot Air Accident Investigation, Costas Orfanos, said yesterday Tsolakis’ report would remain confidential until it was officially released by the Greek Air Accident Investigator.
He said the Cypriot authorities had received two copies of the report and had given one of them to Helios Airways so it could be informed and submit its comments.
“It is our obligation to supply the company with a copy, which we have done, and we are awaiting the company’s comments, which we will then pass on to the Greek committee,” said Orfanos.
“We received two copies: one we kept and studied as the committee, and the other we sent to Helios with a letter specifying that the document’s contents were confidential.”
On behalf of the crash victims’ relatives, Nicolas Yiasoumis, repeated their distaste at the actions by the Helios legal team and branded the company’s latest actions as “sly” and “underhand”.
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