Supreme Court issues unanimous decision to suspend Auditor General for “improper conduct”

The Supreme Constitutional Court has issued a unanimous decision to suspend Auditor General Odysseas Michaelides due to "improper conduct."

Convening as a Council, the Court announces its decision on Attorney General George Savvides’ request for Michaelides’ suspension.

The two sides, during the hearing, which was held at the end of June and concluded in mid-July 2024, fought a hard battle to convince the Council that based on specific facts there had or had not been improper conduct, with the Council reserving to announce its decision for today, 18 September.

During the examination of the application only one witness was called on behalf of the Auditor General. More specifically, Freddy Yves Ndjemba, senior manager at Intosai (International Organisation of Supreme Audit Institutions) was invited to testify.

On the part of the Attorney General, no witness had been called, with his lawyers limiting themselves to legal arguments, which - as they claimed - proved the "improper conduct" of the Auditor General.

The Attorney General was supported during the proceedings by the law offices of Kallis & Kallis LLC and Leandros Papaphilippou, while the Auditor General was represented by lawyers Joe Triantafyllidis, Pambos Ioannides and Christos Clerides.

The eight judges of the Supreme Constitutional Court, ruled that the Auditor General, based on all testimonies, "has crossed the line and exhibited behaviour which fell short of expectations, which renders him incompetent".

"We find him liable for inappropriate conduct," the judges ruled.

The decision to dismiss the Auditor General is binding for the President of the Republic. 

The ruling consists of 209 pages.

In statements outside the Court afterwards, Michaelides said that the decision is a setback for freedom of expression and society's demand to fight corruption.

Today is a dark day for Cyprus, he said, adding that there had been a 'concerted attempt' to remove him as he fought the system.

He said he would continue the fight against corruption and would discuss his next steps with his legal advisers.

Replying to questions, he said that he leaves "with a clear conscience". 

The decision of the Supreme Constitutional Court to suspend the Auditor General "essentially abolishes the Audit Office and democracy", said Michaelides, addressing the staff of the Service a little later, before collecting his personal belongings.

"I'll put it simply, with this decision the Audit Office has fallen. Not because I am leaving, I could have resigned, I could have had a stroke and died. That is not the reason. The reason is this decision, as I said in the Court, places a corset, a gag on the Audit Office," he said.

Addressing the officers of the Audit Office, he told them that henceforth "you should watch every word you say, every report you make, what you say, what you write. This is not consistent with an Audit Office. The Audit Office has fallen," he reiterated.

He added that "we have been defeated by the establishment, we have been defeated by the system. What happened today is a shame for our country".

On a personal level, he said he will find another job to earn a living and another way to fight for this country.

(Sources: Reporter/ CNA)