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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V12) 1 CLR 18
1925 January 8
[NETTLETON, C.J. AND GRIMSHAW, P.J.]
POLICE
v.
HARIS PANAYI BOYAJI.
ACCUSED CROSS-EXAMINATION-CHARACTER-C.C.J.O., 1882, CLAUSE 124.
The accused on trial for assault made a statement before a Magisterial Court and on his cross-examination by a Police officer for the prosecution was asked "were "you not charged with assaulting a fellow-villager?"
Accused was subsequently found guilty of the assault and convicted and sentenced to one month's imprisonment.
From this conviction accused appeals.
For Appellant Zannettides.
For Police the Assistant King's Advocate.
Judgment: The only power to cross-examine an accused person is conferred by clause 124 of the Cyprus Courts of Justice Order, 1882. If the procedure under this clause is followed, it must be followed strictly. Here clause 124 must have been followed, and the Magistrate must have made use of the power conferred by clause 80 of the Cyprus Courts of Justice Order, 1886, and allowed cross-examination of the accused, in which questions affecting his character were put contrary to the express provision of clause 124.
The appeal is allowed and conviction and sentence quashed.