Anogia Crete: Areios Pagos sends Manolis Kalomiris to a new trial – Newsbomb – News

The appeal filed by the defense against the decision of the Mixed Court of Appeal of Crete, in Chania, was accepted

By order of the Supreme Court, the 33-year-old Manolis Kalomiris, accused of the double murder in Anogeia with the victims of the 63-year-old Lefteris Kalomiris and the 32-year-old livestock farmer, Giorgis Xylouris, is being sent to trial again, as the appeal filed by the defense against decision of the Mixed Court of Appeal of Crete, in Chania.

Now, the case is expected to be tried from scratch but with a different composition of the court. According to Cretalive.gr, the Supreme Court rules that the court wrongfully did not proceed, as it had an obligation, with a specific and detailed justification for the rejection of the independent claim of the accused, did not take into account evidence and primarily the confession of the 33-year-old, while allegedly identifying emphatically contradictory assumptions in the rationale of the decision as far as the crucial issue of boiling mental momentum is concerned. On the one hand, the appellate court allegedly accepts that the accused was boiling during the execution stage, on the other hand, it does not accept boiling when the decision was made.

Commenting on the developments, the lawyer Mrs. Alexandra Spanaki, who handled the issue of the appeal together with her colleague Mr. Vassilis Cheirdaris, said characteristically: “The court of the Supreme Court annulled the decision of the Court of Appeal of Crete in its entirety, after accepting the reasons for appeal presented by the accused. For these reasons, we requested the annulment and disappearance of the said decision of the Court of Appeal of Crete, apart from the others, and due to the lack of a specific and thorough justification, in violation of the Constitution and the ECHR.

The Court of Appeal of Crete did not take into account all the evidence and did not evaluate the defendant’s plea, also responding to the specifically presented independent claim of assistance in the face of the boiling of mental impulse. On the contrary, he received contradictory admissions with insufficient reasoning.

I express my satisfaction and we await the transmission of the case file to the Prosecutor’s Office of the Court of Appeal of Crete so that the discussion of the case can be redefined and it can be tried by a different composition”.

It is recalled that in May 2023, the Mixed Jury Court of Appeal of Crete, after an exhaustive hearing process, “broke” the life sentences that had been imposed by a majority in the first instance on the 33-year-old Manolis Kalomiris.

The court, by a majority of 5-2, found him guilty of premeditated homicide in a calm state of mind, while the defendant was also recognized by a majority (two jurors abstained) the mitigating factor that he was pushed to this act due to the inappropriate behavior of the victim (Xylouris). The admission of the mitigating factor “broke” the life sentences and the defendant was sentenced to a total of 18 years in prison, with a maximum sentence of 15 years for the basic charge of manslaughter given the mitigating factor.