The 43-year-old accused of killed his partnerClosing, November 2019.
He had been found guilty in the first degree by the Mixed Jury Court of Heraklion. “manslaughter in a calm state of mind with probable intent.”
And indeed as reported by neakriti.gr, the Mixed Jury Court of Heraklion, “adopting” the prosecutor’s proposal, found guilty by a majority (4-3) the 44-year-old for this act, sentencing them to 13 years in prison.
Let it was noted that three jurors abstained, who were of the opinion that the 44-year-old should be convicted of “fatal bodily harm”.
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The decision of the Court of Appeal
In fatal bodily harm again transformed the Mixed Jury Court of Appeal of Eastern Crete the 43-year-old man’s charge of premeditated murder with possible malice.
In particular, the Joint Jury accepted the claim of the accused that he did not punch his girlfriend, which ended up shaking her, something that was also confirmed by the testimony of the Medical Examiner who had signed the forensic report on the death of the 31-year-old woman.
So the 44-year-old who has been serving a sentence since 2019 was sentenced to 10 years in prison and with the beneficial calculation of 3/5 and good behavior it is expected that he will soon be able to submit a request for release from prison.
Accused of killing his partner: The depositions
The 43-year-old in both the first and second courts argued that he loved Cleo and that in no way did he intend to harm her. They had decided together to fight seriously to get free from drugs. On that day when he realised, as he claimed, that the 31-year-old had used secretly, he got angry, grabbed her by the top and violently shook her. But Cleo was a troubled creature, in shaky health and quite vulnerable. She had suffered a stroke, lost her speech, developed mobility problems. The defendant was very supportive, while Cleo had to go to a rehabilitation center.
It has been mentioned in the statements of relatives of the victim that the 31-year-old loved the accused too much and slept with his picture on her headboard. He again had fluctuations in his behavior. He is described as sometimes being loving and protective and sometimes lashing out at her.
The defense lawyer of the 43-year-old man, Mr. Manos Christofakakis in creta-live.gr, spoke of overturning the first-instance decision as the appellate court “changed the charge from manslaughter with probable cause to fatal bodily harm without intent to cause grievous bodily harm to the victim. The court accepted that my principal neither wanted, nor sought, nor accepted the death of the victim. I believe that the examination of the medical examiner who prepared the medical report and who came at our request to the Prosecutor’s Office of Appeals was of pivotal importance since it was clear that the death was caused by a strong concussion of the head and not from blows with fists. This was what my client argued from the very beginning, as he never admitted that he punched the victim, as the Joint Jury had wrongly accepted.”
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