Karamichailidis case two accused are innocent by majority

The Larissa Regional Court has acquitted the two defendants involved in the 2016 disappearance of Giorgos Karamichailidis in Alonissos. The verdict was reached by a 4-3 majority, with one judge, one juror, and the court president dissenting.

The hearing commenced today with the defense of the initial defendant, a Cretan fisherman accused of kicking Giorgos Karamichailidis, who was in the water and near the boat of the second defendant, as per the indictment. The defendant asserted that he did not kick Karamichailidis but instead pushed him away with his hands. It is worth noting that in the earlier trial, the second defendant stated in his defense that neither he nor the first defendant had any physical contact with Giorgos Karamichailidis.

The prosecutor's proposal The court's prosecutor recommended finding the first defendant guilty of the offence of exposure leading to another person's death and advised against the defence attorneys' request to alter the charge to homicide with possible intent, as he argued that this specific offence is not substantiated. Conversely, he suggested changing the charge for the second defendant from exposure to the misdemeanor of failure to provide assistance.

We remember that as per the referral decision by the Volos Council of Misdemeanor Courts, on August 30, 2016, at the port of Votsi in Alonissos, Giorgos Karamichailidis boarded a boat and was then kicked in the face by the first defendant. This caused him to lose consciousness and be carried away by the sea currents, while neither of the two defendants attempted to rescue him afterward.

"Evidence showed that as Karamichailidis tried to board the boat while in a poor psychological condition and with a tendency to flee, the defendant (the first defendant's name is mentioned) succeeded in striking him on the head with his boot," the prosecutor stated. He further noted that the 30-year-old subsequently swam at least to the outer part of the harbor, as indicated by the places where his clothes were later discovered in the sea, roughly fifty meters from the boat where the incident took place.

She further mentioned that the 30-year-old's already fragile psychological condition deteriorated due to the "unexpected and violent" blow, which hindered his ability to think clearly about where to go, ultimately leading to his drowning without his body being discovered. The prosecutor also noted that the first defendant's strike against Karamichaelides was not fatal, but it did injure him and exacerbate his psychological state, with the 30-year-old being in the sea at night with no visibility. "He was already in a state of danger," the prosecutor stated, adding that the defendant abandoned him helpless and that the 30-year-old's death cannot be blamed on the defendant's deceit but rather on unconscious negligence.

It is important to mention that the prosecutor previously expressed her belief that the accused's minor son was not present at the incident. She noted that the son later told a friend about the beating he heard from his father after the event. Concerning the minor's inconsistent testimony about what he heard, the prosecutor suggested that it was intended to protect his father.

The decision After the conference, the court reached a majority decision to acquit the defendants. The president, the jury, and one of the two judges believed that the first defendant should be found guilty, while the criminal prosecution of the second defendant should be halted following the charge amendment as proposed by the Prosecutor.