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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V12) 1 CLR 89A
1927 March 22
[DICKINSON, ACTING C.J. AND LUCIE-SMITH, ACTING P.J.]
POLICE
v.
YACOUMI NICOLA
FAILURE OF ACCUSED TO ATTEND ON SUMMONS-OTTOMAN PENNAL CODE, ART. 116-CYPRUS COURTS OF JUSTICE ORDER, CLAUSE 67 AND 70-ACCUSED NOT BOUND TO UNLESS ORDERED BY MAGISTRATE-DISCRETION OF MAGISTRATE.
Emilianides for Applicant.
Solicitor-General for Police.
This was an application for revision of a conviction and sentence of the Magisterial Court of Nicosia under section 46 of Law 1 of 1886. The applicant was originally charged before the Magisterial Court with an offence under Law 2 of 1879, section 64 (1). It appears that the applicant made an admission of guilt to the Police. On the case being called before the Magistrate, the applicant failed to appear and the police, without proving service, asked for an adjournment which was refused, and the case was dismissed. The Police then took out a summons against the applicant under Art. 116 of the Ottoman Penal Code to which summons applicant appeared and pleaded guilty and was fined £1 or ten days imprisonment. The applicant applied for inquiry.
HELD: That clauses 67 and 70 of the Cyprus Courts of Justice Order in Council, 1882, lay down the procedure to be adopted in the event of an accused person failing to attend on a summons, and that these clauses override Art.116 of the Ottoman Penal Code. (Vide Reshad's Commentary on Art. 116, of the Ottoman Penal Code.)
Court commented on the practice of the Police in endorsing the word "admits" on a summons produced to the Court, and suggested that such practice should be discontinued.
Application granted and conviction set aside.