The Plenary of the Presidents of the Greek Bar Associations, during its meeting yesterday, stated that the trial for the Tempi railway accident “must proceed unhindered and justice must be done with respect for the rights of the parties and the rule of law”, while criticizing, without mentioning by name, the behaviour of counsel during the sessions of the Larissa Court of Appeal.
In particular, the President of the Plenary and President of the Athens Bar Association, Andreas Koutsolambros, congratulated all the lawyers who attended the trial for the Tempi train accident, for their dignified and proper representation in the trial, observing the procedural rules with reverence. He even made a special reference to lawyer Antonis Psaropoulos, who lost his 19-year-old daughter Marti in the tragic accident.
The 279 lawyers who attended the trial were impeccable except for one” and went on to say that this particular lawyer both in the House and in a number of courts exhibited conduct unbecoming and offensive to the legal profession, without action being taken, despite the fact that the courts have the power to intervene on unbecoming conduct in the courtrooms.
During the plenary session another President pointed out that this lawyer “is trying to gradually create tension artificially” and “in a vulgar way she is trying to instrumentalize the trial”, while the second President, stressed that “we will not get into the game she wants, the trial must and will take place, the lady unfortunately serves as a role model for some young lawyers”.
Also, the Presidents of the 63 Bar Associations, in a statement, point out that “the Plenary will not be instrumentalized nor will it succumb to selfish pursuits or expediency. Shouting, aggressive behaviour, slander will not bend our firm position which is the progress of the trial and the search for truth” and add:
“Officers and collaborators of the judiciary must strictly observe procedural rules and ethics. Contrary conduct, manifested by a particular lawyer, finds us categorically opposed and cannot be tolerated.”
In another part of the statement, the Plenary refers both to counsel, without naming them, and to the court’s bench, stressing: “The Court, which is responsible for the orderly conduct of the trial, must comply with the law.
“The Bar Associations will do their part within the scope of their competences and their institutional role in contributing to the progress of justice. The trial must proceed smoothly and justice must be done with respect for the rights of the parties and the rule of law.”
The text of the plenary statement reads as follows:
“The tragedy of Tempi has shocked the Greek society.
After three years, the time has come for the hearing, in which the Bar Associations are present, as in the pre-trial, in support of the prosecution in order not only to seek the truth but also to hold them accountable where they belong.
It goes without saying that, in order to achieve this end, the conditions for a fair trial must exist.
Unfortunately, unacceptable conditions prevailed at the start of the hearing, which are not in keeping with our legal culture and did not allow the smooth conduct of the trial and the dignified exercise of the rights of the parties and their lawyers.
Following direct institutional interventions by the Plenary, both to the Director of the Court of Appeal of Larissa and to the Minister of Justice, logistical improvements were made which allowed the trial to progress during the first hearing after an interruption.
We should note that the judicial associations have not felt the need to intervene to improve conditions for the conduct of a fair trial, but their main concern is to issue statements with denunciatory content against the co-operators of the judiciary and their institutions.
The truth is that further improvements must be made in order to ensure that the parties – relatives of the victims and the injured – can effectively follow the trial and that they can communicate freely with their attorneys, as well as that the work of the attorneys can be carried out in a dignified manner, given the large number of attorneys and the demands created by the voluminous case file.
In addition to ensuring the necessary logistical infrastructure, however, it is essential to avoid behaviour, inside or outside the courtroom, by parties or non-parties to the proceedings, which creates conditions of tension, delays the progress of the proceedings and creates risks of distraction from the main task, which is the search for the truth alone.
The Plenary will not be instrumentalized or succumb to selfish pursuits or expediency. Shouting, aggressive behaviour, slander will not bend our firm position which is the progress of the trial and the search for the truth.
Judicial officers and collaborators of the judiciary must strictly observe the procedural rules and ethics. Contrary conduct, manifested by a particular lawyer, finds us categorically opposed and cannot be tolerated.
We note that all the other attorneys (more than 250) performed their duties as required by their institutional role and we must commend this attitude.
The Court, which is responsible for the orderly conduct of the trial, must uphold the law. No one is above the law and no one is entitled to discriminatory treatment.
The Bar Associations will do what is within their powers and their institutional role to contribute to the progress of the trial.
The trial must proceed smoothly and justice must be done with respect for the rights of the parties and the rule of law.
We owe it to the victims of the accident, to the injured and their relatives, to Justice, to Society, to our history.”
The response of Zoe Konstantopoulou
“Florides asks the Presidents of the country’s Bar Associations and Mr. Andreas Koutsolambros, the newly elected President of the IBA, my head, the head of a certain lawyer, on the board,” Zoe Konstantopoulou said and added in a statement: “And a willing mechanism is rushing to give credentials.
My stance is one of principle, of asserting respect for the law and rights and of respecting the rules of procedure and ethics, which prohibit everything that happened against relatives and advocates supporting the prosecution (and only the prosecution) on 23/3 and 1/4 in the Tempi trial.
Your attitude is deplorable and slanderous and I will exercise all my rights in the face of this vile targeting, by persons acting with fear and envy, while serving particular interests that have nothing to do with the fighting and struggling legal profession.
The Bar Presidents present at the trial (few the second time):
a) refused to react to police brutality in the courtroom
b) refused to react to the fact that violence was inflicted on me as counsel and on relatives of victims
c) refused to state that we abstained from our duties until fair trial conditions were secured
d) left the proceedings at 1.20pm, while the proceedings ended at 5pm. I wonder if they were tired;
Of course, their reasons for refusing to do the right thing were not ethics and procedure. Their reasons for refusing were that they were underground dealing with Florides, which I told them to their face that day.
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Something Florides was quick to reveal yesterday, in anticipation of today’s announcement by the Plenary of Bar Association Presidents.
I had also told Mr. Koutsolambros that I am ashamed that he represents the Bar and is not in a position to defend lawyers, the rule of law and justice.
People should be aware that on Thursday, March 26, three days after the first trial and before the second trial, the Presidents of the Bar Associations met with Florides. What they said and what they agreed to should be made public.
As well as why, while so many colleagues begged them to intervene, they remained silent, resulting in our written petition.
The practice of law, gentlemen, is not about public office compensation, dills and “lawyer stuff.”
The practice of law is a battle of principles and values for citizens, rights, and democracy. Lawyering is not done with collateral from the powers that be, but with self-sacrifice in the face of powers that are unjust and arbitrary.
At a time when the world is in need of advocacy, you are doling out deals, PR and balancing in concert with the representatives of a sworn power.
You tell the world the truth.
And say why, instead of declaring a general abstention from payment orders and enforcement actions by the funds, you are the ones who decree that lawyers issue payment order judgments.
And for my slander and targeting, which is both an attempt to prevent me from performing my duties and an attempt to deprive citizens of their advocacy, I will exercise all my rights against all the authors of the anonymous text.
