In particular, the 49-year-old defendant was declared not guilty beyond reasonable doubt by a majority of 5-2, with the two dissenting judges holding the opinion that he should be found guilty of direct complicity in the murder, as well as of using a weapon. As for the 41-year-old, he was found not guilty by a 6-1 majority, with the minority coming from one judge, who believed he should be found guilty of manslaughter.
As for both defendants, all four jurors voted to acquit them, a decision which is contrary to the motion of the district attorney, who had asked that the defendants be declared guilty.
This is an announcement which undoubtedly alienated the citizens immediately after it was made public, while the truth is that the packed audience of the Mixed Assize Court of Athens received it coldly – among them the relatives of Giorgos Karaivaz, as well as the president and members of the Board of Directors of ESIEA and dozens of journalists.
On the contrary, with tears of joy and relief, the relatives of the two defendants welcomed the decision, who spoke for their vindication, stating that the two brothers were impeached and unjustly detained for about 16 months.
The fact is, however, that during the judicial process, which was very fast but thorough, no unshakable evidence emerged that the two defendants were indeed the perpetrators of the murder.
The police officers who were examined in the audience as witnesses, having studied the evidence of the case file, could not reach a full identification of the accused in the audience, only stating that the physique of one brother resembled that of one of the perpetrators.
At the same time, the main aggravating element against the two defendants remained throughout the trial the van which had been spotted in the Alimos area, both on the day of the brutal murder and the day before, which during the investigation by the police officers they studied the security cameras along the route taken by Giorgos Karaivaz on the day he was murdered meant that it was used to spy on the area and the escape of the perpetrators.
However, as it appears (although the court’s reasoning will be published in the coming months), this evidence, by itself, was not able to prove the guilt of the two defendants beyond a reasonable doubt, as required by law. They insisted they had nothing to do with the murder, with one brother claiming he had gone to Alimos to hand out leaflets and the other saying he wasn’t even there.
However, in their statements after the decision was issued, the relatives of G. Karaivaz maintained their composure, with the journalist’s widow stating that even if the two defendants were convicted, Giorgos would not turn back…
#Karaivaz #trial #accused #acquitted #due #doubts
